artificial light at night
Additional Standards for Commercial, Industrial, and Mixed Uses
Prohibited lighting
Prohibited lighting
Hansen v. Independent School District No. 1
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.
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.
National Refining Co. v. Batte
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.
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.
Nugent v. Melville Shoe Corp.
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.
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.
Shelburne, Inc. v. Crossan Corp.
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.
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.
Solar Soccer Club v. Prince of Peace Lutheran Church of Carrollton
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.
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."
St. Joseph's High School, Inc. v. Planning & Zoning Commission
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."
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.
abused its discretion in finding that an applicant failed to demonstrate compliance."
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