city

196 Ariz. 114

Name
William BLANCHARD; Leveta Challis; Veta Cook; Caron Letcher; Carole and Vaughn Thompson, Plaintiffs-Appellants, Cross Appellees, v. SHOW LOW PLANNING AND ZONING COMMISSION; City Of Show Low; Ed Muder, as Planning and Zoning Administrator, Defendants-Appellees, Cross Appellants, John Menhennet, Trustee of the John Menhennet Living Trust; Wal-Mart Stores, Inc., Real Parties in Interest, Defendants-Appellees
Date
05-25-1999
Court
Arizona Court of Appeals
Jurisdiction
Arizona
URL
https://cite.case.law/ariz/196/114/
Plaintiffs
individual
Defendants
city
Incident Location
Show Low, AZ
Disputed Act

Neighboring property owners brought special action against City regarding rezoning of newly annexed parcel to construt a large chain discount store due to increased traffic, noise, air, and light pollution.

Holding
Court of Appeals held that citizens did not have taxpayer standing to challenge rezoning and only neighboring owners located approximately 750 feet from parcel showed particularized harm necessary for standing.
Disposition
affirmed
residential neighborhood
commercial lighting

92 S.W.3d 540

Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Appellants, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Appellees
Date
08-30-2002
Court
Texas Courts of Appeals
Jurisdiction
Texas
URL
https://cite.case.law/sw3d/92/540/
Plaintiffs
state
Defendants
city
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
Declaratory judgement that TxDOT and officials violated environmental regulations relating to noise and lighting from highway expansion was not warranted; Nuisance claims against TxDOT for use of high mast floodlights were not barred by sovereign immunity.
Disposition
reveresed and rendered in part
affirmed in part
pole height
roadway lighting

685 A.2d 1054

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
Date
11-20-1996
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
URL
https://cite.case.law/a2d/685/1054/
Plaintiffs
Indivdiual
city
Defendants
state
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
Commonwealth Court held that the Commission was potentially required to conduct environmental impact study under Clean Streams Law.
Disposition
overruled
light tresspass
residential neighborhood
commercial lighting

157 S.W.3d 644

Name
GEORGE WARD BUILDERS, INC., and Robert Allen, Appellants, v. CITY OF LEE'S SUMMIT, Missouri, Respondent
Date
11-23-2004
Court
Missouri Court of Appeals
Jurisdiction
Missouri
URL
https://cite.case.law/sw3d/157/644/9182024/
Plaintiffs
Company
Defendants
city
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 interferes with adjacent residential use and enjoyment of property.

Holding
Trial court's dismissal of plaintiff's petition was final and appealable; landowners were entitled to re
Disposition
vacated
remanded
light trespass
over-illumination
artificial light
residential neighborhood
recreation and sports facilities

146 S.W.3d 637

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
Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
URL
https://cite.case.law/sw3d/146/637/
Plaintiffs
state
Defendants
city
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
reversed
rendered
enforcement
residential neighborhood
obtrusive lightv roadway lighting
construction lighting

193 Ariz. 314

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
Date
04-28-1998
Court
Arizona Court of Appeals
Jurisdiction
Arizona
URL
https://cite.case.law/ariz/193/314/
Plaintiffs
Company
Defendants
city
Incident Location
Tucson, AZ
Disputed Act

Whether the City of Tucson could ban light fixtures mounted on the bottom of existing billboards owned by Whiteco Outdoor Advertising under the City's Outdoor Lighting Code. Whiteco appealed to superior court and was granted partial summary judgement. Superior court ruled the lighting fixtures were protected as nonconforming uses under ARS §9-462.02(A). City appealed.

Holding
The City's charger provides general police power to regluate billboard lighting.
Disposition
vacated
remanded
billboard and sign illumination
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