state

92 S.W.3d 540

Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Appellants, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Appellees
Date
08-30-2002
Court
Texas Courts of Appeals
Jurisdiction
Texas
URL
https://cite.case.law/sw3d/92/540/
Plaintiffs
state
Defendants
city
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
Declaratory judgement that TxDOT and officials violated environmental regulations relating to noise and lighting from highway expansion was not warranted; Nuisance claims against TxDOT for use of high mast floodlights were not barred by sovereign immunity.
Disposition
reveresed and rendered in part
affirmed in part
pole height
roadway lighting

685 A.2d 1054

Name
Robert J. KEE, Ruth E. Kee, Ruth Mixell, Keith S. Koegel, Cynthia A. Koegel, Morgan B. Price and Darcie E. Frye, Petitioners, and Township of West Pennsboro, Intervenor Petitioner, v. PENNSYLVANIA TURNPIKE COMMISSION, Respondent
Date
11-20-1996
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
URL
https://cite.case.law/a2d/685/1054/
Plaintiffs
Indivdiual
city
Defendants
state
Incident Location
Plainfield; PA/West Penns-boro Township; PA
Disputed Act

Pennsylvania Turnpike Commission sought to expand the Plainfield Service Plaza. Neighboring residents objected and filed complaint due to failure to consider or study impacts of increased noise, air, and light pollution on the residential area caused by increased traffic and light towers. Commission filed preliminary objections.

Holding
Commonwealth Court held that the Commission was potentially required to conduct environmental impact study under Clean Streams Law.
Disposition
overruled
light tresspass
residential neighborhood
commercial lighting

146 S.W.3d 637

Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Petitioners, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Respondents
Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
URL
https://cite.case.law/sw3d/146/637/
Plaintiffs
state
Defendants
city
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim; nuisance created by floodlights did not amount to unconstitutional taking of mayor's property.
Disposition
reversed
rendered
enforcement
residential neighborhood
obtrusive lightv roadway lighting
construction lighting
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