artificial light at night

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.

Shelburne, Inc. v. Crossan Corp.

Full Case Name
Shelburne, Inc., v. Crossan Corp. and R.C. Maxwell Co.
Description

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.

Date
11-21-1923
Court
Chancery Court of New Jersey
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Atlantic City, NJ
Disputed Act

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.

Holding
The court held that Shelburne, inc. is entitled to a decree against R.C. Maxwell Co. restraining the operation of the electric sign, but only during the night and only after the hour of midnight.
Disposition

Solar Soccer Club v. Prince of Peace Lutheran Church of Carrollton

Full Case Name
SOLAR SOCCER CLUB, Appellant and Cross-Appellee v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, Texas, Appellee and Cross-Appellant
Description

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.

Date
09-19-2007
Court
Texas Courts of Appeals
Jurisdiction
Texas
Defendants
Incident Location
Dallas, TX
Disputed Act

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."

Holding
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.

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