individual

Tiongco v. Southwestern Energy Production Co.

Full Case Name
Stephanie TIONGCO, Plaintiff, v. SOUTHWESTERN ENERGY PRODUCTION COMPANY, Defendant
Description

Plaintiff filed a private nuisance suit against defendant company, alleging its drilling and gas exploration activities caused light pollution and noise which interfered with the use and enjoyment of her private property. The Court denied defendant’s Motion for Summary Judgment with respect to plaintiffs intentional private nuisance claim because it found there were genuine issues of material fact as to whether its activities constituted a private nuisance.

Date
10-14-2016
Court
United States District Court for the Middle District of Pennsylvania
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Susquehanna County, PA
Disputed Act

Plaintiff filed a suit against defendant company, alleging its drilling and gas exploration activities constituted a private nuisance because it interfered with the use and enjoyment of her private property. Part of plaintiff's nuisance claim is about construction lights placed near her home, which she testified at trial ran twenty-four hours a day and prevented her from sleeping.

Holding
The Court denied defendant’s Motion for Summary Judgment with respect to plaintiffs intentional private nuisance claim because it found there were genuine issues of material fact as to whether its activities constituted a private nuisance.
Disposition

PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Loyola College

Full Case Name
PEOPLE'S COUNSEL FOR BALTIMORE COUNTY, et al. v. LOYOLA COLLEGE IN MARYLAND
Description

The County granted Loyola College a special exception to build a retreat center on a property in the Resource Conservation zone in Maryland. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. Loyola College proferred testimony that their use of the property would have minimal impact on the zone, including light pollution. The Court found the county could grant Loyola College a special exception to use the property for a retreat center and did not need to compare its potential adverse effects to other similiarly zoned locations in the jurisdiction.

Date
09-09-2008
Court
Court of Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Incident Location
Baltimore County, MD
Disputed Act

Loyola College purchased a property in the Resource Conservation zone, which has the purpose "to foster conditions favorable to a continued agricultural use of the productive agricultural areas of Baltimore County by preventing incompatible forms and degrees of urban uses." The County granted Loyola College a special exception to build a retreat center on this property. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. At the trial court, Loyola College presented evidence that there would be minimal impact from their use of the property and that outdoor lighting at the Retreat Center would be "dark skies compliant."

Holding
The Court affirmed the lower court's judgment dismissing the case. The Court found there was no requirement that the zoning body must consider a comparison of the potential adverse effects of the proposed use at the proposed location to the potential adverse effects of the proposed use at other, similarly zoned locations throughout the jurisdiction in order to grant a special exception to the Resource Conservation zone.
Disposition

C.N. Diefenderfer and B.A. Diefenderfer, his wife v. Palmer Twp. Board of Supervisors

Full Case Name
Charles N. DIEFENDERFER and Betsy A. Diefenderfer, his wife, Appellants v. PALMER TOWNSHIP BOARD OF SUPERVISORS
Description

Palmer Township Board of Supervisor (Board) enacted a zoning ordinance to allow digital advertising signs and billboard. The Board then later amended the number of hours the digital billboards could be illuminated, from 17 to 24 horus a day without providing notice. The Court reversed the trial court's dismissal of plaintiff's case, finding that because the change to the zoning ordinance resulted in a deprivation of plaintiffs' right to the use and enjoyment of their property, the change was a “substantial amendment” and the Township was required to advertise the change prior to enactment of the ordinance,

Date
11-10-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Northampton County, PA
Disputed Act

Palmer Township Board of Supervisor (Board) enacted a zoning ordinance to allow digital advertising signs and billboard. The Board then later amended the number of hours the digital billboards could be illuminated, from 17 to 24 horus a day without providing notice. Plaintiff residents of the Township filed a "land use appeal" with the trial court, arguing that the Board's amended hours for digital sign illumination represented a "substantial amendment" to the ordinance which required additional notice requirements. The trial court had found the plaintiffs' "use and enjoyment" of their property had been impacted by the erection of a digital billboard near them as it illuminated their bedrooms at night which interfered with their ability to sleep. However, the trial court found held that the illumination hours change to the ordinance was not substantial and so the Township was not required to advertise a summary of the change.

Holding
The Court reversed the trial court's dismissal of plaintiff's case, finding that because the change to the zoning ordinance resulted in a deprivation of plaintiffs' right to the use and enjoyment of their property, the change was a “substantial amendment” and the Township was required to advertise the change prior to enactment of the ordinance,
Disposition

Andrews v. Antero Res. Corp.

Full Case Name
Robert L. ANDREWS, et al., Plaintiffs Below, Petitioners v. ANTERO RESOURCES CORPORATION and Hall Drilling, LLC, Defendants Below, Respondents
Description

Plaintiffs brought suit against Defendant companies, which held leasehold rights to develop oil and gas underlying the plaintiffs' properities, as they alleged the shale development by defendants caused them to lose the "use and enjoyment" of their properties. The Court affirmed the lower court's summary judgment in favor of defendant companies because it agreed with the finding that "effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the severance deeds, and did not impose a substantial burden on the surface owners."

Date
06-10-2019
Court
Supreme Court of Appeals of West Virginia
Jurisdiction
Virginia
Plaintiffs
Defendants
Incident Location
Harrison County, NY
Disputed Act

Defendant companies has leasehold rights to develop oil and gas underlying various properties in Harrison County, including surface properties that are owned or resided on by the plaintiffs. The plaintiffs brought suit because they alleged that the defendants' development of the shale had caused them to lose "the use and enjoyment" of their properties due to "excessive heavy equipment and truck traffic, diesel fumes and other emissions from the trucks, gas fumes and odors, vibrations, noise, lights, and dust."

Holding
The Court affirmed the lower court's summary judgment in favor of defendant companies. The Court agreed with the lower court's finding that "effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the severance deeds, and did not impose a substantial burden on the surface owners."
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

OLENEC v. National Marine Fisheries Service

Full Case Name
Halcyn OLENEC; John B. Jones III; Julie Jones; Thomas Stark; Teri Stark; Larry White; Bandon Woodlands Community Association, and Oregon Coast Alliance, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, an agency of the National Oceanic and Atmospheric Administration; Barry A. Thom, in his official capacity as Acting Regional Administrator; United States Army Corps of Engineers, an agency of the Department of the Army; and Robert L. Van Antwerp Jr., Lt. General in his official capacity as the Chief of Engineers and Commanding General for the Corps; Defendants
Description

Organizations and individuals who list, visit, and recreate near the proposed mines challenged agency decisions allowing Oregon Resources Corp. (ORC) to operate chromite mines. Court found that the plaintiffs did not show the injunction would be in the public interest or that ORC did not adequately address environmental concerns.

Date
01-28-2011
Court
United States District Court for the District of Oregon
Jurisdiction
United States
Plaintiffs
Incident Location
Coos County, OR
Disputed Act

Under the APA, organizations and individuals who list, visit, and recreate near proposed mines challenged agency decisions allowing Oregon Resources Corp. to operate chromite mines; stated extraction of chromium will impact wetlands and wildlife. Plaintiffs alleged irreparable harm, including light pollution which would impact human habitation.

Holding
The Court found that the organizations and individuals did not show that their Motion for a Temporary Restraining Order and Preliminary Injunction would be in the public interest or that ORC did not adequately address environmental concerns.
Disposition

Katherine's Bay, LLC v. Fagan

Full Case Name
KATHERINE'S BAY, LLC, Intervenor, Appellant, v. Ronald J. FAGAN and Citrus County, Appellees
Description

The Court vacated the Administration Commission decision, finding that reliance in part on neighboring landowner's layperson testimony regarding potential increase of traffic, litter, noise, and light pollution coming from the Recreational Vehicle Park/Campground was not considered substantial evidence. The Court also found that the County's ordinance amending the zoning plan did not make the zoning plan "internally inconsistent." The Court remanded the case to the Administration Commission for reinstatement of the ordinance allowing the Recreational Vehicle Park/Campground as an amended part of the County's zoning plan.

Date
12-14-2010
Court
Florida District Court of Appeal
Jurisdiction
Florida
Plaintiffs
Defendants
Incident Location
Citrus County, FL
Disputed Act

Developer sought to rezone property to Recreational Vehicle Park/Campground (RVP) and in response the County adopted an ordinance to amend the zoning plan. Neighboring property owner challenged the rezoning ordinance, citing potential increase of traffic, litter, noise, and light pollution. Administrative Law Judge (ALJ) ruled that the County's rezoning of property to include the RVP was invalid because it rendered the zoning plan "internally inconsistent." The Administration Commission adopted the ALJ's ruling.

Holding
The Court vacated the Administration Commission decision, finding that reliance in part on neighboring landowner's layperson testimony regarding potential increase of traffic, litter, noise, and light pollution coming from the Recreational Vehicle Park/Campground was not considered substantial evidence. The Court also found that the County's ordinance amending the zoning plan did not make the zoning plan "internally inconsistent." The Court remanded the case to the Administration Commission for reinstatement of the ordinance allowing the Recreational Vehicle Park/Campground as an amended part of the County's zoning plan.
Disposition

Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment

Full Case Name
Board of Regents of the University of Wisconsin, Plaintiff-Respondent, v. Dane County Board of Adjustment, Defendant, Town Board of Montrose, Laura Dulski, and Bill Warner, Intervenors-Appellants
Description

The Court affirmed the Circuit Court's order reversing the Dane County Board of Adjustment's decision to deny the University of Wisconsin-Madison the ability to build a build a radio station tower. The Court found that the University of Wisconsin-Madison's radio station tower is a "governmental use" so it meets the requirements of conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance.

Date
08-31-2000
Court
Wisconsin Court of Appeals
Jurisdiction
Wisconsin
Defendants
Incident Location
Montrose, Wisconsin
Disputed Act

A landowner applied to the Dane County Board of Adjustment (BOA) for a conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance to build a radio station tower for the University of Wisconsin-Madison's use. The Town of Montrose and individuals within the town appealed to the BOA that the proposed tower was not government use and alleging that it would be not in keeping with the statutory requirements for A-1 Exclusive Districts because of its size, obtrusiveness, lights, and other features. The BOA determined that a tower for a University of Wisconsin-Madison student-run radio station was not "governmental use" because the testimony failed to show that operation of such a radio station by the University of Wisconsin "is an integral part of its educational mission."

Holding
The Court affirmed the Circuit Court's order reversing the Dane County Board of Adjustment's decision to deny the University of Wisconsin-Madison the ability to build a build a radio station tower. The Court found that the University of Wisconsin-Madison's radio station tower is a "governmental use" so it meets the requirements of conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance.
Disposition

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