remanded

Adams v. United States

Full Case Name
Ardell ADAMS, et al. v. The UNITED STATES
Description

The Court found that plaintiffs may be entitled to compensation because they were unable to develop their land residentially due to an avigation easement restricting the light, height of structures, smoke, and electrical emissions coming from their land for the purpose of ensuring a safe flight path for aviators taking off and landing at the Hill Air Force Base in Utah. The Court remanded the case to the trial division to determine which tracts of land had been subjected to the easement by the United States and to calculate the correct amount of compensation.

Date
05-19-1982
Court
United States Court of Claims
Jurisdiction
United States
Plaintiffs
Incident Location
Davis County, UT
Disputed Act

Plaintiffs, owners of land near Hill Air Force Base, Utah, brought suit against the United States for compensation due to an avigation easement restricting the light, height of structures, smoke and electrical emissions coming from their land for the purpose of ensuring a safe flight path for aviators taking off and landing at the Air Force Base.

Holding
The Court held that plaintiffs may be entitled to compensation because they were unable to develop their land residentially due to the avigation easement by the United States. The Court remanded the case to the trial division to determine which tracts of land had been subjected to the easement and to calculate the correct amount of compensation.
Disposition

Templeton Properties, L.P. v. Town of Boone

Full Case Name
TEMPLETON PROPERTIES, L.P., Petitioner v. TOWN OF BOONE, Respondent
Description

Landowner applied to the Board of Adjustment for a permit to develop a medical clinic, which was denied based on concerns for the neighborhood. Court found that the landowner should have had a second chance to present evidence, and that the Board must make reviewable findings of fact based solely on the testimony and evidence presented at hearings.

Date
03-06-2012
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Boone, NC
Disputed Act

Landowner applied to the town Board of Adjustment for a special use permit to develop a medical clinic. The Board denied the application based on concerns for the neighborhood, including light pollution from the parking lot.

Holding
The Court found that the landowner did not receive a "fair trial" because, unlike the residents in opposition to the permit, he did not have a second chance to present evidence. The Court held that the Board must make reviewable findings of fact based solely on the testimony and evidence presented at hearings.
Disposition

Arthur Land Co., LLC v. Otsego County

Full Case Name
ARTHUR LAND COMPANY, LLC v. OTSEGO COUNTY
Description

Property owner sought to rezone land from residential to business. Application was denied by County Board of Commissioners due to potential adverse effects. The court held that the property owner was entitled to de novo review by trial court.

Date
02-08-2002
Court
Michigan Court of Appeals
Jurisdiction
Michigan
Plaintiffs
Defendants
Incident Location
Ostego County, MI
Disputed Act

Property owner sought to rezone property from residential to business to build service/gas station and was denied by County Board of Commissioners due to increased traffic, noise, and light pollution concerns. Property owner filed complaint alleging violation of substantive due process and confiscatory taking.

Holding
Court of Appeals held that property owner was entitled to de novo review by trial court.
Disposition

Paulson v. Rankart

Full Case Name
Michael PAULSON, Appellant, v. Sarah RANKART, Appellee.
Description

Neighbor complained to code enforcement about property owner's outdoor lighting. Property owner sought stalking injunction in response. Court ruled evidence did not support willful and malicious conduct to support stalking injunction.

Date
07-11-2018
Court
District Court of Appeal of Florida, First District
Jurisdiction
Florida
Plaintiffs
Defendants
Incident Location
Port St. Joe, FL
Disputed Act

Property owner sought stalking injunction against neighbor. Neighbor complained to code enforcement about property owner's outdoor lighting and barking dogs.

Holding
Evidence did not support finding that neighbor willfully and maliciously engaged in conduct to support stalking injunction
Disposition

Dine Citizens Against Ruining Our Env't v. Bernhardt

Full Case Name
DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; Natural Resources Defense Council, Plaintiffs-Appellants, v. David BERNHARDT, in His Official Capacity as Acting Secretary of the United States Department of the Interior; United States Bureau of Land Management, an Agency Within the United States Department of the Interior; Neil Kornze, in His Official Capacity as Director of the United States Bureau of Land Management, Defendants-Appellees, and DJR Energy Holdings, LLC; BP America Production Company; American Petroleum Institute; Anschutz Exploration Corporation; Enduring Resources IV, LLC, Intervenor Defendants-Appellees, and ConocoPhillips Company; Burlington Resources Oil & Gas Company LP, Intervenor Defendants. All Pueblo Council of Governors; National Trust for Historic Preservation; Navajo Allottees; Alice Benally; Lilly Comanche; Virginia Harrison ; Samuel Harrison; Dolora Hesuse; Verna Martinez; Loyce Phoenix, Amici Curiae.
Description

Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed. Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.

Date
05-07-2019
Court
United States Court of Appeals for the Tenth Circuit
Jurisdiction
United States
Incident Location
San Juan County, NM; McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed.

Holding
Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.

Kee v. Pennsylvania Turnpike Commission

Full Case Name
Robert J. KEE, Ruth E. Kee, Ruth Mixell, Keith S. Koegel, Cynthia A. Koegel, Morgan B. Price and Darcie E. Frye, Petitioners, and Township of West Pennsboro, Intervenor Petitioner, v. PENNSYLVANIA TURNPIKE COMMISSION, Respondent
Description

Neighboring residents objected and filed complaint against Pennsylvania Turnpike Commission (Commission) for plans to expand the Plainfield Service Plaza without conducting an environmental impact study. Court held that the Commission was potentially required to conduct an environmental impact study under the Clean Streams Law. The Court overruled the Commission's preliminary objections to the complaint and remanded the case to the trial court.

Date
11-20-1996
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Plainfield, PA; West Penns-boro Township, PA
Disputed Act

Pennsylvania Turnpike Commission sought to expand the Plainfield Service Plaza. Neighboring residents objected and filed complaint due to failure to consider or study impacts of increased noise, air, and light pollution on the residential area caused by increased traffic and light towers. Commission filed preliminary objections.

Holding
Court overruled the Pennsylvanis Turnpike Commission's preliminary objections and held that the Commission was potentially required to conduct environmental impact study under Clean Streams Law. The Court remanded the case to the lower court.
Disposition

George Ward Builders, Inc. v. City of Lee's Summit

Full Case Name
GEORGE WARD BUILDERS, INC., and Robert Allen, Appellants, v. CITY OF LEE'S SUMMIT, Missouri, Respondent
Description

Landowners brought action against the City for nuisance caused by lighting system at a nearby city park. Trial court dismissed landowners' petition. Court of Appeals held that landowners were entitled to amend their petition to plead claim of inverse condemnation on remand.

Date
11-23-2004
Court
Missouri Court of Appeals
Jurisdiction
Missouri
Plaintiffs
Defendants
Incident Location
Lee's Summit, MO
Disputed Act

Outdoor lighting system for sporting fields in a park owned by City of Lee's Summit created extreme level of light pollution that interfered with adjacent residential use and enjoyment of property.

Holding
The Court found trial court's dismissal of plaintiff's petition was final and appealable. The Court ruled that landowners were entitled to amend thier petition to plead claim of inverse condemnation.
Disposition

Whiteco Outdoor Advertising v. City of Tucson

Full Case Name
WHITECO OUTDOOR ADVERTISING, a division of Whiteco Industries, Inc., a Nebraska corporation, Plaintiff/Appellee, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellant
Description

City of Tucson outdoor lighting code prohibited bottom-mounted lighting on billboards. Whiteco Outdoor Advertising sought to enjoin city from enforcing lighting code against their existing billboards. The Court held that the City's charter provides general police power to regulate billboard lighting.

Date
04-28-1998
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Tucson, AZ
Disputed Act

The City of Tucson passed an ordinance under the City's Outdoor Lighting Code which banned light fixtures mounted on the bottom of existing billboards. Plaintiff company filed a suit objecting to the requirement that it change its billboards to complay with this new requirement. Plaintiff was granted partial summary judgement because the Superior Court ruled the lighting fixtures were protected as nonconforming uses under ARS §9-462.02(A). The City appealed.

Holding
The Court held that the City of Tucson's charter provides general police power to regulate billboard lighting.
Disposition