Company

RUTHERFORD MANAGEMENT CORP. v. TOWN OF COLUMBUS

Full Case Name
RUTHERFORD MANAGEMENT CORP., Plaintiff, v. TOWN OF COLUMBUS, Defendant.
Description

The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" which prohibit flashing lights on signs. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to the trial court.

Date
01-04-2005
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Incident Location
Polk County, NC
Disputed Act

The plaintiff company failed to obtain a permit from the Town of Columbus prior to installing a new sign for its McDonald's Restaurant. The Township sent the company a Notice of Violation because it's sign violated the Town's sign ordinance by using "flashing and intermittent lights to display its messages."

Holding
The Court affirmed the trial court's conclusion that the plaintiff's illuminated sign does not violate the Town's ordinance because "the mere fact that the LEDs necessarily flash or move at the moment the sign is changing its advertising copy cannot be considered a violation of the other provisions of the ordinance" that prohibit flashing lights. The Court reversed the trial court's order "to the extent it directs the Town to issue a permit for the sign without any limitations" and remanded the matter to allow the trial court to decide which features of the sign should be precluded as a condition of plaintiff obtaining a permit.

Haaf v. Zoning Hearing Board

Full Case Name
Ralph D. HAAF, John J. Angelino and Diane M. Angelino, Robert C. Rupp, George D. Haaf, II, and Tamilee Haaf, and David Musselman v. The ZONING HEARING BOARD OF the TOWNSHIP OF WEISENBERG. Appeal of ADAMS OUTDOOR ADVERTISING, LTD., Appellant
Description

The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

Date
05-21-1993
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Lehigh County, PA
Disputed Act

The plaintiff company, Adams Outdoor Advertising, Ltd. (Adams), filed an application with the Zoning Hearing Board of the Township of Weisenberg (the Board) for a building permit to erect an off-premises advertising sign. The Board denied Adams' application because it was in violation of the Zoning Ordinance in terms of both its height and off-premises status. After Adams appealed to the Board, the Board granted Adams a variance for the sign and the Board issued Adams a permit, which limited the time period for illumination of the lights on the sign from between 6pm to 11pm. Upon objectors filing an appeal to the Board's permit, challenging the sign's height, the Board then revoked the permit for Adams' sign, and Adams appealed the Board's decision.

Holding
The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

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.

Plamondon v. Outcepts Management & Consulting, LLC

Full Case Name
William R. Plamondon & others vs. Outcepts Management & Consulting, LLC, & others
Description

The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.

Date
06-11-2012
Court
Massachusetts Appeals Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Westport, MA
Disputed Act

Defendants sought to replace an existing billboard on their property in a residential neighborhood. Plaintiffs, who live nearby defendant, brought suit requesting injunctive relief to enjoin defendant from keeping the new billboard in place. The plaintiffs alleged that the new billboard did not meet the requirements of G. L. c. 93 and 711 Code Mass. Regs. § 3.00 et seq. (2010) and that the new billboard was different from the old billboard because, among other things, it was lit with light-emitting diode (LED) lamps hidden and mounted at the bottom of the billboard’s catwalk, as opposed to the prior sign’s floodlights. The trial court judge credited the defendants’ evidence that the new billboard's LED lighting minimized “backwash lighting,” or “light trespass.”

Holding
The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.
Disposition

Grand Canyon Trust v. Williams

Full Case Name
GRAND CANYON TRUST, et al., Plaintiffs, v. Michael WILLIAMS, et al., Defendants
Description

The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.

Date
04-07-2015
Court
United States District Court for the District of Arizona
Jurisdiction
United States
Incident Location
Coconino County, AZ
Disputed Act

Plaintiffs sought declaratory and injunctive relief to stop the United States Forest Service from re-opening the "Canyon Mine" in Northern Arizona, alleging that the Forest Service violated the National Environmental Policy Act and that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. Plaintiff's concerns about the re-opening of the mine involve environmental and historical impacts of the mine on Indigenous land surrounding the mine, as well as dust, truck traffic, light pollution and noise.

Holding
The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.
Disposition

Litton International Development Corp. v. City of Simi Valley

Full Case Name
LITTON INTERNATIONAL DEVELOPMENT CORPORATION, Petitioner and Plaintiff, v. CITY OF SIMI VALLEY, the City Council of the City of Simi Valley, Robert O. Huber, Ann Rock, Clyde Evans, Vicky Howard and Greg Stratton, Respondents and Defendants
Description

The Court found that the City of Simi Valley's decision to amend the General Plan designation of the parcel that plaintiff had purchased from "General Commerical with a Hotel/Motel Node" to residential was not arbitrary or unreasonable, and so was constitutional under both state and federal law. The Court dismissed the case.

Date
07-05-1985
Court
United States District Court for the Central District of California
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Simi Valley, CA
Disputed Act

After plaintiff company purchased a parcel of land in the City of Simi Valley, plaintiff was denied a permit by the City to develop the property into a hotel. The City had concerns about the effects of noise, lights, and possible night-time disturbance to the residential area near the parcel if the parcel was developed commercially. The City then amended its General Plan so that the parcel could only be used for residential development. Plaintiff company challenged this redesignation as unconstitutional and in violation of state law.

Holding
The Court found that the City of Simi Valley's decision to amend the General Plan designation of the parcel that plaintiff had purchased from "General Commerical with a Hotel/Motel Node" to residential was not arbitrary or unreasonable, and so was constitutional under both state and federal law. The Court dismissed the case.
Disposition

Irshad Learning Center v. County of DuPage

Full Case Name
IRSHAD LEARNING CENTER, Plaintiff, v. COUNTY OF DUPAGE, Defendant
Description

Institution purchased property to build a structure for religious and educational activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the permit. Institution and County both moved for summary judgment. Court found no evidence to support a denial based on impact on adjacent properties. Court also found no evidence that permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Court found that the denial was arbitrary.

Date
03-29-2013
Court
United States District Court for the Northern District of Illinois
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
DuPage County, IL
Disputed Act

Religious and educational institution purchased property with the intent to build a structure at which to conduct its regular activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the conditional use permit for the property. Institution and County both moved for summary judgment.

Holding
The Court found there is no evidence to support a denial based on impact on adequate supply of light or air to adjacent properties. The Court also found no evidence that the permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Finally, the Court found that the denial was arbitrary because it did not comply with relevant zoning criteria.

Kretschmann Farm, LLC v. Township of New Sewickley

Full Case Name
KRETSCHMANN FARM, LLC, and Donald Kretschmann and Rebecca Kretschmann, husband and wife, Appellants v. TOWNSHIP OF NEW SEWICKLEY and Board of Supervisors of New Sewickley Township, Beaver County, Pennsylvania v. Cardinal PA Midstream, LLC and PennEnergy Resources, LLC
Description

Township allowed for the construction of a gas compressor station adjacent to landowners' farm. Landowners appealed on the basis that evidence that the station will negatively affect public health and welfare was not considered and that they were denied the opportunity to present additional evidence. Court found that evidence lacked probative value. Court also found the trial court did not abuse its discretion by not permitting expansion of the record.

Date
01-07-2016
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Beaver County, PA
Disputed Act

Township Board's and trial court's decisions allowed for the construction of a gas compressor station adjacent to landowners' farm. Landowners appealed on the basis that evidence that the station will negatively affect public health and welfare was not considered and that they were denied the opportunity to present additional evidence. The township's conditions for the gas compressor station already required the station to minimize nighttime lighting.

Holding
The Court found that the landowners' evidence lacked probative value; they did not meet their burden of showing that the station would negatively affect public health and welfare in any unexpected way. The Court also found the trial court did not abuse its discretion by not permitting expansion of the record.
Disposition

ASPEN TRAILS RANCH, LLC v. Simmons

Full Case Name
ASPEN TRAILS RANCH, LLC, Appellant, v. BARRY J. SIMMONS and PETE ELLIOT, and HELENA CITY COMMISSION, Appellees
Description

Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment was inadequate. District Court found the approval of the plat unlawful for failure to address pollution concerns. Developer appealed. The Court found that the Plaintiff's had standing and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.

Date
04-14-2010
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Helena, MT
Disputed Act

City Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment inadequately addressed potential increased traffic, decreased water quality, flooding, and light pollution. District Court found the approval of the plat unlawful for failure to address groundwater and surface pollution concerns. Developer appealed.

Holding
The Court found that allowing the developer to file a motion to appeal after the City declined to do so was within the trial court's discretion, that the Plaintiff's had standing, and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.
Disposition

Heffernan v. Missoula City Council

Full Case Name
KATHY HEFFERNAN, ROBIN CAREY, DAVID HARMON, and NORTH DUNCAN DRIVE NEIGHBORHOOD ASSOCIATION, INC., Plaintiffs and Appellees, v. MISSOULA CITY COUNCIL, CITY OF MISSOULA, and JOHN ENGEN, Mayor, Defendants and Appellants, and MUTH-HILLBERRY, LLC, Intervenor-Defendant and Appellant
Description

City approved plans for a subdivision. Neighbors and an association opposed the subdivision and petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed. Court held that Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. Court also found that the agreement between City and the developer did not supersede the growth policy.

Date
05-03-2011
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Missoula, MT
Disputed Act

City approved plans for a 37-lot subdivision. Nearby residents and a neighborhood association opposed the subdivision due to incompatibility with the City's growth policy, ecological concerns, traffic, and light pollution; they then petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed.

Holding
The Court held that the Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. The Court also found that the density rights agreement between the City and the developer did not supersede the growth policy.
Disposition