reversed

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.

Mjd Properties, Llc, Resp. v. Jeffrey Haley, App.

Full Case Name
MJD Properties, LLC, Respondent, v. Jeffrey Thornton Haley, Appellant
Description

Defendant company installed a light pole with a protective, adjustable shield in its parking area so that its light shines into the plaintiff's bedroom windows of his residence at night, so plaintiff filed a nuisance suit. The trial court dismissed the nuisance suit because it found that defendant's light was in compliance with the City's Code. The Court reversed the dismissal of plaintiff's nuisance claim because it found that plaintiff had demonstrated a genuine issue of material fact about the reasonableness of defendant's driveway light.

Date
09-08-2015
Court
Washington Court of Appeals
Jurisdiction
Washington
Plaintiffs
Defendants
Incident Location
King County, WA
Disputed Act

Defendant company installed a light pole with a protective, adjustable shield in its parking area so that its light shines up into the plaintiff's bedroom windows of his residence at night. Plaintiff requested that defendant adjust the shield so that the light was not directed into plaintiff's windows, but defendant refused. Plaintiff then filed a nuisance suit, claiming that defendant's light pole with shielding caused "excessive light." The trial court dismissed the nuisance suit because it found that defendant's light was in compliance with the City's Code.

Holding
The Court reversed the dismissal of plaintiff's nuisance claim because it found that plaintiff had demonstrated a genuine issue of material fact about the reasonableness of defendant's driveway light. The Court remanded the decision for further proceedings consistent with its decision.
Disposition

C.N. Diefenderfer and B.A. Diefenderfer, his wife v. Palmer Twp. Board of Supervisors

Full Case Name
Charles N. DIEFENDERFER and Betsy A. Diefenderfer, his wife, Appellants v. PALMER TOWNSHIP BOARD OF SUPERVISORS
Description

Palmer Township Board of Supervisor (Board) enacted a zoning ordinance to allow digital advertising signs and billboard. The Board then later amended the number of hours the digital billboards could be illuminated, from 17 to 24 horus a day without providing notice. The Court reversed the trial court's dismissal of plaintiff's case, finding that because the change to the zoning ordinance resulted in a deprivation of plaintiffs' right to the use and enjoyment of their property, the change was a “substantial amendment” and the Township was required to advertise the change prior to enactment of the ordinance,

Date
11-10-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Northampton County, PA
Disputed Act

Palmer Township Board of Supervisor (Board) enacted a zoning ordinance to allow digital advertising signs and billboard. The Board then later amended the number of hours the digital billboards could be illuminated, from 17 to 24 horus a day without providing notice. Plaintiff residents of the Township filed a "land use appeal" with the trial court, arguing that the Board's amended hours for digital sign illumination represented a "substantial amendment" to the ordinance which required additional notice requirements. The trial court had found the plaintiffs' "use and enjoyment" of their property had been impacted by the erection of a digital billboard near them as it illuminated their bedrooms at night which interfered with their ability to sleep. However, the trial court found held that the illumination hours change to the ordinance was not substantial and so the Township was not required to advertise a summary of the change.

Holding
The Court reversed the trial court's dismissal of plaintiff's case, finding that because the change to the zoning ordinance resulted in a deprivation of plaintiffs' right to the use and enjoyment of their property, the change was a “substantial amendment” and the Township was required to advertise the change prior to enactment of the ordinance,
Disposition

Gorsline v. Board of Supervisors

Full Case Name
Brian GORSLINE, Dawn Gorsline, Paul Batkowski and Michele Batkowski v. BOARD OF SUPERVISORS OF FAIRFIELD TOWNSHIP v. Inflection Energy, LLC and Donald Shaheen and Eleanor Shaheen, his wife, Appellants
Description

Company applied to lease land to build a natural gas well. Neighbors expressed concerns over the adverse effects of the project. Board of Supervisors granted the permit, but it was denied by the trial court. Trial court erred in finding the well was disimilar to a public service facility, as well as in finding that the well conflicted with the Zoning Ordinances. Neighbors did not show evidence that the well would harm the neighborhood's health and safety.

Date
09-14-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Fairfield Township, PA
Disputed Act

Company applied to lease land from individuals for the purpose of building and operating a natural gas well. The township Board of Supervisors granted the conditional use permit after holding a hearing at which neighboring property owners expressed concerns over the adverse effects of the project, including traffic, noise, light pollution, potential well employees with criminal records, and property values. The permit was denied by the trial court.

Holding
The trial court erred in finding the proposed natural gas well was disimilar to a public service facility, as well as in finding that the proposed use conflicted with the Zoning Ordinance's express authorization of the extraction of minerals. The neighboring property owners did not show evidence that the proposed well would harm the neighborhood's health and safety.
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

Texas Department of Transportation v. City of Sunset Valley

Full Case Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Petitioners, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Respondents
Description

City and city officials filed action against the Texas Department of Transportation (TxDOT) concerning highway expansion. The Court ruled that TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim.

Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
Plaintiffs
Defendants
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim; nuisance created by floodlights did not amount to unconstitutional taking of mayor's property.
Disposition