individual

Hansen v. Independent School District No. 1

Full Case Name
Hansen v. Independent School District No. 1
Description

The court found that the defendant school district caused a nuisance by allowing its field to be leased to a baseball team that shined its lights on the plaintiff's residence at night, interfering with the plaintiff's sleep. The court directed that an injunction be granted.

Date
07-07-1939
Court
Idaho Supreme Court
Jurisdiction
Idaho
Plaintiffs
Incident Location
Lewiston, ID
Disputed Act

A school district leased its field to a baseball team which played night games, shining beacon lights into the windows of the neighboring resident, which disturbed his sleep.

Holding
The court held that the defendant school district allowed a nuisance for the plaintiff by allowing its field to be leased to a baseball team that shined its lights on the plaintiff's residence at night, interfering with the plaintiff's sleep. The court directed that an injunction be issued restraining defendant from causing light to shine onto the plaintiff's residence.

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.

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.

St. Joseph's High School, Inc. v. Planning & Zoning Commission

Full Case Name
ST. JOSEPH'S HIGH SCHOOL, INC., et al. v. PLANNING AND ZONING COMMISSION OF the TOWN OF TRUMBULL
Description

The Planning and Zoning Commission of the Town of Trumball (Commission) denied the special permit of a private school for the installation of four light poles, seventy feet in height, to illuminate its primary athletic field, after considering concerns from resident neighbors of the private school that allowing the lights would adversely affect the "use and enjoyment" of their properties. The Court vacated the lower court's decision which had allowed the private school's case against the Commission because "a zoning commission has discretion to determine whether a proposal satisfies the requirements for a special permit."

Date
09-19-2017
Court
Connecticut Appellate Court
Jurisdiction
Connecticut
Incident Location
Fairfield, CT
Disputed Act

Plaintiff private school filed an application for a special permit with the Planning and Zoning Commission of the Town of Trumball (Commission) for the installation of four light poles, seventy feet in height, to illuminate the school’s primary athletic field. The Comission denied the special permit after considering concerns from resident neighbors of the private school that allowing the lights would adversely affect the "use and enjoyment" of their properties.

Holding
The Court vacated the lower court's decision which allowed plaintiff's case against the Planning and Zoning Commission of the Town of Trumball. The Court remanded the case to the lower court with instructions to dismiss the case because "a zoning commission has discretion to determine whether a proposal satisfies the requirements for a special permit" and "judicial review is confined to the question of whether the commission
abused its discretion in finding that an applicant failed to demonstrate compliance."
Disposition

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

D. Frederick, P. Hagaman, and B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Company, LLC. v. Allegheny Twp. v. J.H. Slike and A.E. Slike, Northmoreland Farms LP v. M. Golembeiwski

Full Case Name
Dolores FREDERICK, Patricia Hagaman, and Beverly Taylor, Appellants v. ALLEGHENY TOWNSHIP ZONING HEARING BOARD v. CNX Gas Company, LLC v. Allegheny Township v. John H. Slike and Anne E. Slike, Northmoreland Farms LP v. Michael Golembeiwski and Lisa Golembeiwski, John P. Brunner, II, Esq., Jeffrey and Sheila Brunner, Miller Niksic, Joanne Resh, Richard and Patricia Trumble, Michael and Jacalyn Schumaker
Description

Residential neighbors challenged ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.

Date
10-26-2018
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Allegheny Township, PA
Disputed Act

Residential neighbors challenged zoning ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. Some of the objections of the neighbors were that the zoning ordinance did not adeuately protect the local water supply, limit noise, or reduce light pollution.

Holding
The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.
Disposition

Smalley v. Ohio Department of Transportation

Full Case Name
SMALLEY, v. OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 1
Description

The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 30 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff for the crop loss.

Date
03-15-2007
Court
Ohio Court of Claims
Jurisdiction
Ohio
Plaintiffs
Defendants
Incident Location
Wyandot County, OH
Disputed Act

Plaintiff filed suit against the Ohio Department of Transportation because he alleged the "high mast" lighting it had installed on the roadway encroached upon his property and directly resulted in his soybean crop's inability to mature.

Holding
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 30 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff.
Disposition

Newell v. Ohio Department of Transportation

Full Case Name
NEWELL, Plaintiff, v. OHIO DEPARTMENT OF TRANSPORTATION, Defendant
Description

The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 23 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution because the light encroached upon plaintiff's property and directly resulted in his bean crop's inability to mature. The Court awarded damages to the plaintiff for the crop loss.

Date
03-06-2007
Court
Ohio Court of Claims
Jurisdiction
Ohio
Plaintiffs
Defendants
Incident Location
Wyandot County, OH
Disputed Act

Plaintiff filed suit against the Ohio Department of Transportation because he alleged the "high mast" lighting it had installed on the roadway encroached upon his property and directly resulted in his bean crop's inability to mature.

Holding
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 23 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff.
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