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.