city

Eller Media Co. v. City of Tucson

Full Case Name
ELLER MEDIA COMPANY, a corporation, Plaintiff/Appellant, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellee
Description

The Court affirmed the trial court ruling which dismissed the case in favor of the City of Tucson's Outdoor Lighting Code regulating light fixtures mounted on the bottom of existing billboards. The Court found that no constitutional rights of the plaintiff company were violated and the proper standard of review was rational basis since plaintiff was not a member of suspect class.

Date
06-20-2000
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Tucson, AZ
Disputed Act

Upon remand of Whiteco Outdoor Advertising v. City of Tucson, 193 Ariz. 314, the trial court found that plaintiff had failed to establish its substantive due process or equal protection rights were violated by the City of Tucson's Outdoor Lighting Code provision, which banned light fixtures mounted on the bottom of existing billboards.

Holding
The Court affirmed the trial court ruling which dismissed the case in favor of the City of Tucson's Outdoor Lighting Code regulating light fixtures mounted on the bottom of existing billboards because it found that no constitutional rights of the plaintiff company were violated and the proper standard of review was rational basis since plaintiff was not a member of suspect class.
Disposition

Taxpayers for Accountable School Bond Spending v. San Diego Unified School District

Full Case Name
TAXPAYERS FOR ACCOUNTABLE SCHOOL BOND SPENDING, Plaintiff and Appellant, v. SAN DIEGO UNIFIED SCHOOL DISTRICT, Defendant and Respondent
Description

The Court found no substantial evidence that the School District's proposed field lighting would have a significant effect on the environment due to the limited hours of operation, limited evening events, and low number of residences impacted in excess of 0.8 foot-candles. The Court also found that the lighting would not substantially impact the historic aesthetic of the neighborhood.

Date
03-26-2013
Court
Court of Appeal of the State of California
Jurisdiction
California
Plaintiffs
Defendants
Incident Location
San Diego, CA
Disputed Act

Organization of school spending activists objected to the installation of high school stadium field lighting and other renovations on grounds of waste of funds, violation of zoning laws, and environmental concerns (including light trespass, glare, and sleep disruption). A consultant group stated that the sky glow and glare caused by the project would have a less than significant impact. Trial Court ruled in favor of the school district.

Holding
The Court found no substantial evidence that the School District's proposed field lighting would have a significant effect on the environment due to the limited hours of operation, limited evening events, and low number of residences impacted in excess of 0.8 foot-candles. The Court also found that the lighting would not substantially impact the historic aesthetic of the neighborhood.

Town of Superior v. United States Fish & Wildlife Service

Full Case Name
The TOWN OF SUPERIOR, a Colorado municipality, City of Golden, Colorado, WildEarth Guardians, Rocky Mountain Wild, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, United States Department of the Interior, Ken Salazar, acting in his official capacity as Secretary of the Interior, Daniel M. Ashe, acting in official capacity as Director of the United States Fish and Wildlife Service, Steve Guertin, acting in his official capacity as Regional Director of the Mountain-Prairie Region of the United States Fish and Wildlife Service, Steve Berendzen, acting in his official capacity as Rocky Flats National Wildlife Refuge Manager, Defendants, and The Board of County Commissioners of the County of Jefferson, Colorado, City of Arvada, Jefferson Parkway Public Highway Authority, Natural Resource Trustees of the State of Colorado, and the Board of Land Commissioners of the State of Colorado, Defendant-Intervenors
Description

The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act.

Date
12-21-2012
Court
United States District Court for the District of Colorado
Jurisdiction
United States
Incident Location
Jefferson, CO; Boulder, CO; Broomfield, CO
Disputed Act

Plaintiffs alleged that the approval by the defendant United States Fish & Wildlife Service (FWS) of the Jefferson Parkway Public Highway Authority (JPPHA) application violated the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. Plaintiffs sought an order holding unlawful and setting aside the FWS’ decision to enter into the land exchange and transfer the corridor to JPPHA. The plaintiffs' concerns about the highway include "increased noise and artificial light" which could negatively impact wildlife by "interfering with the ability to avoid danger, locate food, reproduce, migrate, avoid collisions, and evade predators."

Holding
The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. The Court dismissed the case.
Disposition

City of Chula Vista v. Superior Court

Full Case Name
CITY OF CHULA VISTA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CALIFORNIA COASTAL COMMISSION, Real Party in Interest
Description

The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan, which would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.

Date
07-02-1982
Court
Court of Appeals of the State of California
Jurisdiction
California
Plaintiffs
Incident Location
Chula Vista, CA
Disputed Act

The City of Chula Vista formulated a development plan for its bayfront. The California Coastal Commission found the City's plan to be in conflict with the California Coastal Act, which required local governments within coastal zones to develop plans that would protect coastal resource areas. Specifically, the California Coastal Commission found that excessive light pollution from the city's proposed development would adversely impact native species in the costal zone.

Holding
The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan to comply with the California Coastal Act, and denied the City's petition for writ of mandamus. This left in place the Superior Court's decision entering judgment in favor of the California Coastal Commission. The California Coastal Comission had refused approval of the City's plan that would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.
Disposition

McElhaney v. City of Moab

Full Case Name
Jeramey MCELHANEY and Mary McElhaney, Appellees, v. CITY OF MOAB and Moab City Council, Appellants.
Description

Individuals applied for a permit for a bed and breakfast. City Planning Commission approved the permit in spite of neighbors' concerns. The permit was later denied by City Council; the denial was reversed by the district court. Court found City Council did not issue sufficient findings supporting its denial of the permit, and that the district court should have permitted Council to craft new findings of fact and conclusions of law capable of appellate review.

Date
09-21-2017
Court
Utah Supreme Court
Jurisdiction
Utah
Plaintiffs
Defendants
Incident Location
Moab, UT
Disputed Act

Individuals applied for a permit for a bed and breakfast on their property in a residential neighborhood. The City Planning Commission approved the permit subject to conditions in spite of neighbors' concerns over the impact on the neighborhood. The permit was later denied by the City Council; the denial was reversed by the district court.

Holding
The Court found the City Council did not issue sufficient findings supporting its denial of the permit. The Court also found that the district court should have permitted the Council to craft new findings of fact and conclusions of law capable of appellate review.
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

Bailey & Associates, Inc. v. Wilmington Board of Adjustment

Full Case Name
BAILEY AND ASSOCIATES, INC., Petitioner v. WILMINGTON BOARD OF ADJUSTMENT and CITY OF WILMINGTON, Respondents, and JOHN BLACKWELL and wife, ELIZA BLACKWELL; VICTOR BYRD and wife, CAROLYN BYRD; VISHAK DAS and wife, TRACY DAS; BILL DOBO and wife, BARBIE DOBO; BOB DOBO and wife, JEAN DOBO; BARBIE DOBO; BUTCH DOBO and wife, SHELLY DOBO; PATRICK EDWARDS and wife, KIM EDWARDS; MATT EPSTEIN and NINA BROWN; EARL GALLEHER and wife, LAUREN GALLEHER; BARBARA GUARD and husband, RON GUARD; GLENDA FLYNN; JANE HARDWICK; L.T. HINES and wife, JOY HINES; WRIGHT HOLMAN and SUSAN KEYES; JIM LONG and wife, BESS LONG; ANN McCRARY; KENYATA McCRARY and wife, GRACE McCRARY; PEM NASH and wife, GRETCHEN NASH; DONNA NOLAND; PAT PATTERSON and wife, MARY PATTERSON; DREW PIERSON and wife, KNOX PIERSON; DAVID POWELL and wife, JANICE POWELL; ALLEN RIGGAN and wife, PAM RIGGAN; NANCY ROSE; ROLF SASS and wife, JANIS SASS; BEN SPRADLEY and wife, SANDEE SPRADLEY; CHARLES SWEENY and wife, JUNE SWEENY; SUSAN SWINSON; GEORGE TURNER and wife, SUE TURNER; JOYCE ZIMMERMAN; NOAH ZIMMERMAN and wife, KATHRYN ZIMMERMAN; ROBERT SMITH and wife, MARY SMITH, Intervenor-Respondents
Description

The City's Board of Adjustment denied the plaintiff's development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing and the Court affirmed the lower court's finding that the intervenors had standing.

Date
02-02-2010
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Wilmington, DE
Disputed Act

Plaintiff company sought to develop a tract it owned which bordered a local creek. The City's Board of Adjustment denied the development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing.

Holding
The Court affirmed the lower court's order holding that adjacent property owners intervening in the case between plaintiff and the City's Board of Adjustment about plaintiff's development had standing to intervene but were not entitled to relief from judgment based on newly discovered evidence.
Disposition

Tenlan Reality Corp. v. Board of Standards & Appeals

Full Case Name
In the Matter of the Application of Tenlan Realty Corporation and Another, Appellants, against The Board of Standards and Appeals of the City of New York, and Harris H. Murdock, Chairman, and Others, the Members Thereof, Respondents, and Treeverse Realty Corporation, Intervenor, Respondent
Description

The Court vacated the lower court decision dismissing the plaintiffs' claim that the City's Board of Standards and Appeals had no proper basis for a variance of its Zone Resolution regulating illuminated roof signs. The City's variance would have allowed a store to erect on the roofs of its premises an illuminated sign which would have been one hundred feet long and twelve feet high. The Court found that the "permitted use of glaringly bright electric lights would be so annoying to occupants of adjacent properties used exclusively for residential purposes as practically to constitute a nuisance to them; it would also affect adversely the value of property in this residental district."

Date
06-11-1937
Court
New York Supreme Court, Appellate Division
Jurisdiction
New York
Plaintiffs
Defendants
Incident Location
Bronx, NY
Disputed Act

The City's Board of Standards and Appeals granted a variance of its Zone Resolution, permitting the erection of an illuminated sign "one hundred feet long and twelve feet high on the roof of the premises of stores" in "a district zoned for residence purposes." The owners of adjacent apartment houses filed a suit against the City's Board of Standards and Appeals decision, claiming "that this enormous illuminated sign, burning throughout the night in the rear of their apartments, would have a most serious effect on their property, causing tenants to vacate."

Holding
The Court vacated the lower court decision dismissing the plaintiffs' claim that the City's Board of Standards and Appeals had no proper basis for a variance of its Zone Resolution regulating illuminated roof signs. The City's variance would have allowed a store to erect on the roofs of its premises an illuminated sign which would have been one hundred feet long and twelve feet high. The Court found that the "permitted use of glaringly bright electric lights would be so annoying to occupants of adjacent properties used exclusively for residential purposes as practically to constitute a nuisance to them; it would also affect adversely the value of property in this residental district."
Disposition

Scenic Arizona v. City of Phoenix Board of Adjustment

Full Case Name
SCENIC ARIZONA, an Arizona corporation; Neighborhood Coalition of Greater Phoenix, an Arizona corporation, Plaintiffs/Appellants/Cross-Appellees, v. CITY OF PHOENIX BOARD OF ADJUSTMENT, a municipal agency, Defendant/Appellee, American Outdoor Advertising, Inc., an Arizona corporation, Defendant/Appellee/Cross-Appellant
Description

The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Date
11-17-2011
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Defendants
Incident Location
Phoenix, AZ
Disputed Act

The City of Phoenix Board of Adjustment ("Board") granted a use permit to American Outdoor Advertising, Inc. ("American Outdoor") to operate an electronic billboard adjacent to Interstate 17. Plaintiff non-profits brought suit to enjoin the electronic billboard, alleging the billboard would violate Arizona Revised Statutes ("A.R.S.") section 28-7903 (1998),[3] a provision of the Arizona Highway Beautification Act ("AHBA"), in part due to its intermittent lighting.

Holding
The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Armstead v. Zoning Board of Adjustment

Full Case Name
William ARMSTEAD and Tully J. Speaker and Barbara Krassenstein and Gail Ober and Annyah Hasler and Roger Hasler and Bernard Bondi and Roseanne Stagno Adams and Jovida Hill and Scenic Philadelphia, Appellants v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PHILADELPHIA and City of Philadelphia and Franklin Institute
Description

Plaintiff residents of Philadelphia objected to the Philadelphia Zoning Board of Adjustment (ZBA) granting a variance to permit the Applicant, the Franklin Institute, to change its sign from vinyl to digital. The Court affirmed the trial court's ruling that plaintiffs lacked standing to challenge the City's Zoning Board of Adjustment's granting of a variance for an Applicant to change its sign from vinyl to digital.

Date
04-23-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Philadelphia, PA
Disputed Act

Plaintiff residents of Philadelphia objected to the Philadelphia Zoning Board of Adjustment (ZBA) granting a variance to permit the Applicant, the Franklin Institute, to change its sign from vinyl to digital. The Franklin Institute had informed the ZBA it would agree to, among other things, reduce the sign’s brightness and equip the sign with automatic dimming control, which adjusts the sign’s light levels to changing conditions.

Holding
The Court affirmed the trial court's ruling that plaintiffs lacked standing to challenge the City's Zoning Board of Adjustment's granting of a variance for an Applicant to change its sign from vinyl to digital.
Disposition