Company

National Refining Co. v. Batte

Full Case Name
National Refining Co. v. Batte
Description

The court found that the service station created a nuisance for its neighboring resident because it allowed light from its customers' headlights using its station at night to shine into the windows of the neighboring residence.

Date
06-09-1924
Court
Mississippi Supreme Court
Jurisdiction
Mississippi
Plaintiffs
Defendants
Incident Location
Jackson, MS
Disputed Act

The individual plaintiff resided next to a property where the defendant had built a service station. The plaintiff alleged that headlights from the automobiles using the service station at night shined into his windows, which disturbed his sleep.

Holding
The court held that that the service station allowed light from its customers' headlights using the station at night to cause a nuisance for the plaintiff's neighboring residence. The court affirmed the lower court's overruling of the defendant's demurrer to the relief sought by the plaintiff. The plaintiff's relief sought was monetary damages and an injunction enjoining the defendant from maintaining its service station in a way that causes a nuisance toward the plaintiff.

Nugent v. Melville Shoe Corp.

Full Case Name
Nugent et al. v. Melville Shoe Corp.
Description

The court found that lights turned on after midnight by a defendant corporation was considered a nuisance to a plaintiffs' neighboring residential property in that it deprived the plaintiffs of the reasonable use of their property and disturbed their sleep.

Date
10-26-1932
Court
Massachusetts Supreme Judicial Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Worcester, MA
Disputed Act

Melville Shoe Corp. maintainted a row of nitrogen lights in its building that were turned on at night, shining into the bedroom windows of the neighboring property, which disturbed the sleep of the the owners.

Holding
The court held that the unreasonable use of the nitrogen lights by the defendant after midnight caused a nuisance for the plaintiffs and found it was proper ground for equitable relief, presumably sending it down to the lower court for determining the specific equitable relief for the plaintiffs.

Shelburne, Inc. v. Crossan Corp.

Full Case Name
Shelburne, Inc., v. Crossan Corp. and R.C. Maxwell Co.
Description

The court found that an illuminated sign created light trespass on a neighboring hotel, which was considered a nuisance that materially affected their guests at night. The court restrained the business from operating the sign after midnight.

Date
11-21-1923
Court
Chancery Court of New Jersey
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Atlantic City, NJ
Disputed Act

R.C. Maxwell Co., rents the roof of Crossan Co.'s building for the purpose of putting up signs. One of the signs is illuminated and its light shines on the bedroom windows of the neighboring building, the Shelburne hotel. The Shelburne hotel's complaint is that this light trespass from the illuminated sign detrimentally affects their business because it disturbs their guests.

Holding
The court held that Shelburne, inc. is entitled to a decree against R.C. Maxwell Co. restraining the operation of the electric sign, but only during the night and only after the hour of midnight.
Disposition

Asselin v. Town of Conway

Full Case Name
Michael Asselin, d/b/a Mario's Restaurant, & a. v. Town of Conway; Town of Conway v. Cardiff & Company
Description

The Court affirmed the trial court's findings that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court decisions in favor of the Town's denial of the permit for an internally illuminated sign to plaintiff Asselin and granting an injunction requested by the Town enforcing the sign illumination ordinance against plaintiff Cardiff & Company's internally illuminated signs.

Date
07-02-1993
Court
New Hampshire Supreme Court
Jurisdiction
New Hampshire
Plaintiffs
Incident Location
Carroll County, NH
Disputed Act

The defendant, the Zoning Board of adjustment (ZBA) of the Town of Conway, denied a permit application for an internally lit sign to plaintiff Asselin because it was in violation of the town's ordinance which banned signs “illuminated from within." The trial court found the sign illumination provision valid and upheld the ZBA’s decision. In this consolidated case, another plaintiff, Cardiff & Company (Cardiff), also objected to the town's ordinance and was enjoined by the town from using his internally illuminated sign. The trial court issued a temporary injunction enforcing the ordinance’s regulation of Cardiff’s sign.

Holding
The Court affirmed the trial court's decision that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court's finding that the Town had not exceeded its authority under the State zoning enabling act "by relying exclusively on the promotion of aesthetic values for its exercise of zoning power." The Court affirmed the injunction issued by the trial court enforcing the sign illumination ordinance against one of the plaintiff's signs.

Solar Soccer Club v. Prince of Peace Lutheran Church of Carrollton

Full Case Name
SOLAR SOCCER CLUB, Appellant and Cross-Appellee v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, Texas, Appellee and Cross-Appellant
Description

The Court affirmed the trial court ruling that there was evidence from which the jury could have concluded defendant breached the use clause of the leasing contract it had with plaintiff to build soceer fields on plaintiff's property by its over-illumination of the field lights, which caused light trespass and glare.

Date
09-19-2007
Court
Texas Courts of Appeals
Jurisdiction
Texas
Defendants
Incident Location
Dallas, TX
Disputed Act

Plaintiff church (Prince of Peace) leased part of its land to defendant Solar Socceer Club (Solar) to build soccer fields on Prince of Peace's undeveloped property. In the contract, the parties agreed Solar would use the fields primarily on evenings and weekends, while Prince of Peace would use the fields during the school day for the students in its school. Prince of Peace filed suit against Solar for breach of contract with regard to four provisions, including whether use of the field lights "exceeded the City of Carrollton's standards for light trespass and glare, by as much as six to twelve times the maximum in some locations."

Holding
The Court affirmed the trial court ruling that there was evidence from which the jury could have concluded defendant breached the use clause of the leasing contract it had with plaintiff to build soceer fields on plaintiff's property by its over-illumination of the field lights.

CBS Outdoor v. Lebanon Plan. Bd.

Full Case Name
CBS OUTDOOR, INC., PLAINTIFF-RESPONDENT, v. BOROUGH OF LEBANON PLANNING BOARD/BOARD OF ADJUSTMENT, DEFENDANT-APPELLANT
Description

The Borough of Lebanon Planning Board/Board of Adjustment (the Board) denied plaintiff company's application for conditional use variances to the zoning code for off-premises billboard signs "illuminated by five 400-watt lamps mounted at the bottom, facing upwards, located three feet below the face of the sign and six feet away from it." The Court reversed the trial court's decision in favor of plaintiff because it found the trial court did not provide sufficient deference to the Board's finding that light spillover was a justifiable concern and that the plaintiff's illumination compliance with the zoning code was imperfect.

Date
07-22-2010
Court
New Jersey Superior Court, Appellate Division
Jurisdiction
New Jersey
Plaintiffs
Incident Location
Hunterdon, NJ
Disputed Act

The Borough of Lebanon Planning Board/Board of Adjustment (the Board) denied plaintiff company's application for conditional use variances to the zoning code for off-premises billboard signs "illuminated by five 400-watt lamps mounted at the bottom, facing upwards, located three feet below the face of the sign and six feet away from it." The Board's denial was "because of the significant amount of light spillover along the edges of the sign face." The trial court ruled in favor of plaintiff, finding the Board had conducted an improper denial of the variances.

Holding
The Court reversed the trial court's decision in favor of plaintiff becuase it found the trial court did not provide sufficient deference to the Borough of Lebanon Planning Board/Board of Adjustment's finding that light spillover was a justifiable concern and that the plaintiff's illumination compliance was imperfect.

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.

Okinawa Dugong v. Mattis

Full Case Name
OKINAWA DUGONG (DUGONG DUGON), et al., Plaintiffs, v. James N MATTIS, et al., Defendants.
Description

The Department of Defense (DOD) approved the construction of a military base in Okinawa. Japanese groups brought action against DOD for not considering the impact on the Okinawa dugong, including night lighting. The Court held that DOD did not violate the National Historic Preservation Act by not consulting directly with Plaintiffs, or by relying on academic experts instead of cultural practitioners. The Court also found that DOD's determination that the construction would not negatively affect the dugong was not arbitrary or capricious. The Court dismissed the case.

Date
08-01-2018
Court
United States District Court for the Northern District of California
Jurisdiction
United States
Plaintiffs
Incident Location
Okinawa, Japan
Disputed Act

The US Department of Defense (DOD) approved the construction of a new military base in Okinawa. Japanese citizens and organizations brought action against the DOD for not considering the impact on the Okinawa dugong. Construction activities would require night lighting, which the Japanese environmental impact statement anticipated would not negatively affect the dugongs because the project would take preventive measures such as lighting cones.

Holding
The Court held that DOD did not violate the National Historic Preservation Act by not consulting directly with Plaintiffs about the impact on the dugong, or by relying on academic experts instead of cultural practitioners. The Court also found that DOD's determination that the construction would not negatively affect the dugong was not arbitrary or capricious.
Disposition

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