injunction granted

Hansen v. Independent School District No. 1

Full Case Name
Hansen v. Independent School District No. 1
Description

The court found that the defendant school district caused a nuisance by allowing its field to be leased to a baseball team that shined its lights on the plaintiff's residence at night, interfering with the plaintiff's sleep. The court directed that an injunction be granted.

Date
07-07-1939
Court
Idaho Supreme Court
Jurisdiction
Idaho
Plaintiffs
Incident Location
Lewiston, ID
Disputed Act

A school district leased its field to a baseball team which played night games, shining beacon lights into the windows of the neighboring resident, which disturbed his sleep.

Holding
The court held that the defendant school district allowed a nuisance for the plaintiff by allowing its field to be leased to a baseball team that shined its lights on the plaintiff's residence at night, interfering with the plaintiff's sleep. The court directed that an injunction be issued restraining defendant from causing light to shine onto the plaintiff's residence.

National Refining Co. v. Batte

Full Case Name
National Refining Co. v. Batte
Description

The court found that the service station created a nuisance for its neighboring resident because it allowed light from its customers' headlights using its station at night to shine into the windows of the neighboring residence.

Date
06-09-1924
Court
Mississippi Supreme Court
Jurisdiction
Mississippi
Plaintiffs
Defendants
Incident Location
Jackson, MS
Disputed Act

The individual plaintiff resided next to a property where the defendant had built a service station. The plaintiff alleged that headlights from the automobiles using the service station at night shined into his windows, which disturbed his sleep.

Holding
The court held that that the service station allowed light from its customers' headlights using the station at night to cause a nuisance for the plaintiff's neighboring residence. The court affirmed the lower court's overruling of the defendant's demurrer to the relief sought by the plaintiff. The plaintiff's relief sought was monetary damages and an injunction enjoining the defendant from maintaining its service station in a way that causes a nuisance toward the plaintiff.

Nugent v. Melville Shoe Corp.

Full Case Name
Nugent et al. v. Melville Shoe Corp.
Description

The court found that lights turned on after midnight by a defendant corporation was considered a nuisance to a plaintiffs' neighboring residential property in that it deprived the plaintiffs of the reasonable use of their property and disturbed their sleep.

Date
10-26-1932
Court
Massachusetts Supreme Judicial Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Worcester, MA
Disputed Act

Melville Shoe Corp. maintainted a row of nitrogen lights in its building that were turned on at night, shining into the bedroom windows of the neighboring property, which disturbed the sleep of the the owners.

Holding
The court held that the unreasonable use of the nitrogen lights by the defendant after midnight caused a nuisance for the plaintiffs and found it was proper ground for equitable relief, presumably sending it down to the lower court for determining the specific equitable relief for the plaintiffs.

Shelburne, Inc. v. Crossan Corp.

Full Case Name
Shelburne, Inc., v. Crossan Corp. and R.C. Maxwell Co.
Description

The court found that an illuminated sign created light trespass on a neighboring hotel, which was considered a nuisance that materially affected their guests at night. The court restrained the business from operating the sign after midnight.

Date
11-21-1923
Court
Chancery Court of New Jersey
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Atlantic City, NJ
Disputed Act

R.C. Maxwell Co., rents the roof of Crossan Co.'s building for the purpose of putting up signs. One of the signs is illuminated and its light shines on the bedroom windows of the neighboring building, the Shelburne hotel. The Shelburne hotel's complaint is that this light trespass from the illuminated sign detrimentally affects their business because it disturbs their guests.

Holding
The court held that Shelburne, inc. is entitled to a decree against R.C. Maxwell Co. restraining the operation of the electric sign, but only during the night and only after the hour of midnight.
Disposition

Asselin v. Town of Conway

Full Case Name
Michael Asselin, d/b/a Mario's Restaurant, & a. v. Town of Conway; Town of Conway v. Cardiff & Company
Description

The Court affirmed the trial court's findings that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court decisions in favor of the Town's denial of the permit for an internally illuminated sign to plaintiff Asselin and granting an injunction requested by the Town enforcing the sign illumination ordinance against plaintiff Cardiff & Company's internally illuminated signs.

Date
07-02-1993
Court
New Hampshire Supreme Court
Jurisdiction
New Hampshire
Plaintiffs
Incident Location
Carroll County, NH
Disputed Act

The defendant, the Zoning Board of adjustment (ZBA) of the Town of Conway, denied a permit application for an internally lit sign to plaintiff Asselin because it was in violation of the town's ordinance which banned signs “illuminated from within." The trial court found the sign illumination provision valid and upheld the ZBA’s decision. In this consolidated case, another plaintiff, Cardiff & Company (Cardiff), also objected to the town's ordinance and was enjoined by the town from using his internally illuminated sign. The trial court issued a temporary injunction enforcing the ordinance’s regulation of Cardiff’s sign.

Holding
The Court affirmed the trial court's decision that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court's finding that the Town had not exceeded its authority under the State zoning enabling act "by relying exclusively on the promotion of aesthetic values for its exercise of zoning power." The Court affirmed the injunction issued by the trial court enforcing the sign illumination ordinance against one of the plaintiff's signs.

New York v. Shinnecock Indian Nation

Full Case Name
State of NEW YORK, New York State Racing and Wagering Board, New York State Department of Environmental Conservation, and Town of Southampton, Plaintiffs, v. The SHINNECOCK INDIAN NATION, Frederick C. Bess, Lance A. Gumbs, Randall King, and Karen Hunter, Defendants; Town of Southampton, Plaintiff, v. The Shinnecock Tribe a/k/a the Shinnecock Indian Nation, Frederick C. Bess, Lance A. Gumbs, and Randall King, Defendants
Description

The Court found that construction and use of the proposed casino would have "potential long-term adverse impacts" to "land use" resulting from "lighting, noise, traffic, litter, the presence of multi-story buildings, the absence of buffers, and other operational characterstics of a casino." The Court also found that "lights, noise and activity" would disturb the nearby wildlife, "further degrading the woodlands' value as a habitat." The Court concluded that the State of NY and other plaintiffs had demonstrated that they were entitled to a permanent injunction that prevented the development of a casino by the Shinnecock Tribe.

Date
02-07-2008
Court
United States District Court for the Eastern District of New York
Jurisdiction
United States
Defendants
Incident Location
Suffolk County, NY
Disputed Act

The State of NY and other governmental plantiffs sought to permanently enjoin the Shinnecock Tribe from constructing a casino on a "non-reservation property" in the Town of Southamptom because they claim it would not be in compliance with New York anti-gaming and environmental laws, as well as concerns about the proposed casino development's health and enviromental effects on neighboring landowners and the Town.

Holding
The Court found that construction and use of the proposed casino would have "potential long-term adverse impacts" to "land use" resulting from "lighting, noise, traffic, litter, the presence of multi-story buildings, the absence of buffers, and other operational characterstics of a casino." The Court also found that "lights, noise and activity" would disturb the nearby wildlife, "further degrading the woodlands' value as a habitat." The Court concluded that the State of NY and other plaintiffs had demonstrated that they were entitled to a permanent injunction that prevented the development of a casino by the Shinnecock Tribe. The Court then ordered further proceedings to determine a judgment about the permanent injunction.
Disposition

Minnesota Vikings Football Stadium, LLC v. Wells Fargo Bank, National Ass'n

Full Case Name
MINNESOTA VIKINGS FOOTBALL STADIUM, LLC, a Delaware limited liability company, Plaintiff, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, Defendant
Description

The Court found that defendant Wells Fargo Bank had breached its contract with plaintiff Minnesota Vikings Football Stadium by installing mounted illuminated signs on the rooftops of its office towers because the contract between the parties "unambiguously prohibits" this. The Court granted plaintiff's request for a permanent injunction requiring defendant to remove the mounted illuminated signs and prohibiting them from installing other mounted illuminated signs.

Date
06-23-2016
Court
United States District Court for the District of Minnesota
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Minneapolis, Minnesota
Disputed Act

Plaintiff Minnesota Vikings Football Stadium, LLC brought suit against defendant Wells Fargo Bank for breach of contract after Wells Fargo began installing mounted illuminated roof top signs on its office towers located next to the Stadium. The contract between parties had allowed rooftop signs for Wells Fargo, but did not state that the signs could be illuminated. Plaintiff alleged defendant's illuminated signs "adversely affected the Stadium's image" and sought a permanent injunction requiring defendant to remove the mounted illuminated signs and prohibiting them from installing other mounted illuminated signs.

Holding
The Court found that defendant Wells Fargo Bank had breached its contract with plaintiff Minnesota Vikings Football Stadium by installing mounted illuminated signs on the rooftops of its office towers because the contract "unambiguously prohibits" this. The Court granted plaintiff's request for a permanent injunction requiring defendant to remove the mounted illuminated signs and prohibiting them from installing other mounted illuminated signs.
Disposition

State v. Bureau of Land Mgmt.

Full Case Name
STATE of California, et al., Plaintiffs, v. BUREAU OF LAND MANAGEMENT, et al., Defendants. Sierra Club, et al., Plaintiffs, v. Ryan Zinke, in his official capacity as Secretary of the Interior, et al., Defendants.
Description

The District Court granted the plaintiffs' motion for a preliminary injunction enjoining the United States Bureau of Land Management from instituting the Suspension Rule regarding the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule.

Date
02-22-2018
Court
United States District Court for the Northern District of California
Jurisdiction
United States
Incident Location
N/A
Disputed Act

The States of California and New Mexico sought to enjoin the United States Bureau of Land Management (BLM) from instituting a rule suspending or delaying (the Suspension Rule) the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. A coalition of 17 conservation and tribal citizen groups also brought suit seeking the same preliminary injunction against BLM. The two cases were consolidated for review. Plaintiffs argued that without a preliminary injunction of the Suspension Rule, "they will suffer irreparable harm in the form of waste of publicly-owned natural gas, increased air pollution and related health impacts, exacerbated climate harms, and other environmental injury such as noise and light pollution."

Holding
The District Court granted the plaintiffs' motion for a preliminary injunction enjoining the United States Bureau of Land Management from instituting the Suspension Rule in regards to the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. Specifically, the Court found that the Bureau of Land Management lacked in its reasoning using the Suspension Rule regarding the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. Further, the Court found that the plaintiffs showed they would suffer irreparable injury "caused by the waste of publicly owned natural gas, increased air pollution and associated health impacts, and exacerbated climate impacts."
Disposition