artificial light at night

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

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

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

Town of Superior v. United States Fish & Wildlife Service

Full Case Name
The TOWN OF SUPERIOR, a Colorado municipality, City of Golden, Colorado, WildEarth Guardians, Rocky Mountain Wild, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, United States Department of the Interior, Ken Salazar, acting in his official capacity as Secretary of the Interior, Daniel M. Ashe, acting in official capacity as Director of the United States Fish and Wildlife Service, Steve Guertin, acting in his official capacity as Regional Director of the Mountain-Prairie Region of the United States Fish and Wildlife Service, Steve Berendzen, acting in his official capacity as Rocky Flats National Wildlife Refuge Manager, Defendants, and The Board of County Commissioners of the County of Jefferson, Colorado, City of Arvada, Jefferson Parkway Public Highway Authority, Natural Resource Trustees of the State of Colorado, and the Board of Land Commissioners of the State of Colorado, Defendant-Intervenors
Description

The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act.

Date
12-21-2012
Court
United States District Court for the District of Colorado
Jurisdiction
United States
Incident Location
Jefferson, CO; Boulder, CO; Broomfield, CO
Disputed Act

Plaintiffs alleged that the approval by the defendant United States Fish & Wildlife Service (FWS) of the Jefferson Parkway Public Highway Authority (JPPHA) application violated the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. Plaintiffs sought an order holding unlawful and setting aside the FWS’ decision to enter into the land exchange and transfer the corridor to JPPHA. The plaintiffs' concerns about the highway include "increased noise and artificial light" which could negatively impact wildlife by "interfering with the ability to avoid danger, locate food, reproduce, migrate, avoid collisions, and evade predators."

Holding
The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. The Court dismissed the case.
Disposition

New York v. Shinnecock Indian Nation

Full Case Name
State of NEW YORK, New York State Racing and Wagering Board, New York State Department of Environmental Conservation, and Town of Southampton, Plaintiffs, v. The SHINNECOCK INDIAN NATION, Frederick C. Bess, Lance A. Gumbs, Randall King, and Karen Hunter, Defendants; Town of Southampton, Plaintiff, v. The Shinnecock Tribe a/k/a the Shinnecock Indian Nation, Frederick C. Bess, Lance A. Gumbs, and Randall King, Defendants
Description

The Court found that construction and use of the proposed casino would have "potential long-term adverse impacts" to "land use" resulting from "lighting, noise, traffic, litter, the presence of multi-story buildings, the absence of buffers, and other operational characterstics of a casino." The Court also found that "lights, noise and activity" would disturb the nearby wildlife, "further degrading the woodlands' value as a habitat." The Court concluded that the State of NY and other plaintiffs had demonstrated that they were entitled to a permanent injunction that prevented the development of a casino by the Shinnecock Tribe.

Date
02-07-2008
Court
United States District Court for the Eastern District of New York
Jurisdiction
United States
Defendants
Incident Location
Suffolk County, NY
Disputed Act

The State of NY and other governmental plantiffs sought to permanently enjoin the Shinnecock Tribe from constructing a casino on a "non-reservation property" in the Town of Southamptom because they claim it would not be in compliance with New York anti-gaming and environmental laws, as well as concerns about the proposed casino development's health and enviromental effects on neighboring landowners and the Town.

Holding
The Court found that construction and use of the proposed casino would have "potential long-term adverse impacts" to "land use" resulting from "lighting, noise, traffic, litter, the presence of multi-story buildings, the absence of buffers, and other operational characterstics of a casino." The Court also found that "lights, noise and activity" would disturb the nearby wildlife, "further degrading the woodlands' value as a habitat." The Court concluded that the State of NY and other plaintiffs had demonstrated that they were entitled to a permanent injunction that prevented the development of a casino by the Shinnecock Tribe. The Court then ordered further proceedings to determine a judgment about the permanent injunction.
Disposition

EQT Production v. Boro of Jefferson Hills, Aplt.

Full Case Name
EQT PRODUCTION COMPANY and ET Blue Grass Clearing, LLC, Appellees v. BOROUGH OF JEFFERSON HILLS, Appellant
Description

The Court found the testimonial evidence of the residents from the other municipality about the effects of the company's construction site in their municipality to be "relevant and probative" to the municipality in this case denying the same company a conditional use permit for a construction site. Part of the residents' concerns from the other municipality was about bright lights and light pollution coming from the company's construction site.

Date
05-31-2019
Court
Supreme Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Allegheny Township, PA
Disputed Act

Plaintiff company applied for a conditional use permit to construct a natural gas production complex within the Borough of Jefferson Hills (the Borough). In deciding against the permit, the Borough considered as evidence the testimony of residents of another municipality regarding the impacts to their health, quality of life, and property which they attributed to a similar facility constructed and operated by the same company in their municipality. Part of the residents' concerns from the other municipality was about bright lights and light pollution coming from the company's construction site.

Holding
The Court vacated the lower court's finding that the testimonial evidence of the residents from the other municipality about the effects of the company's construction site in their municipality was "speculative" and instead found that evidence to be "relevant and probative" to the municipality in this case denying the same company a conditional use permit for a construction site. The Court remanded the case to the lower court with instructions to reconsider its decision in light of the Court's opinion.
Disposition

City of Chula Vista v. Superior Court

Full Case Name
CITY OF CHULA VISTA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CALIFORNIA COASTAL COMMISSION, Real Party in Interest
Description

The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan, which would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.

Date
07-02-1982
Court
Court of Appeals of the State of California
Jurisdiction
California
Plaintiffs
Incident Location
Chula Vista, CA
Disputed Act

The City of Chula Vista formulated a development plan for its bayfront. The California Coastal Commission found the City's plan to be in conflict with the California Coastal Act, which required local governments within coastal zones to develop plans that would protect coastal resource areas. Specifically, the California Coastal Commission found that excessive light pollution from the city's proposed development would adversely impact native species in the costal zone.

Holding
The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan to comply with the California Coastal Act, and denied the City's petition for writ of mandamus. This left in place the Superior Court's decision entering judgment in favor of the California Coastal Commission. The California Coastal Comission had refused approval of the City's plan that would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.
Disposition

Haaf v. Zoning Hearing Board

Full Case Name
Ralph D. HAAF, John J. Angelino and Diane M. Angelino, Robert C. Rupp, George D. Haaf, II, and Tamilee Haaf, and David Musselman v. The ZONING HEARING BOARD OF the TOWNSHIP OF WEISENBERG. Appeal of ADAMS OUTDOOR ADVERTISING, LTD., Appellant
Description

The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.

Date
05-21-1993
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Lehigh County, PA
Disputed Act

The plaintiff company, Adams Outdoor Advertising, Ltd. (Adams), filed an application with the Zoning Hearing Board of the Township of Weisenberg (the Board) for a building permit to erect an off-premises advertising sign. The Board denied Adams' application because it was in violation of the Zoning Ordinance in terms of both its height and off-premises status. After Adams appealed to the Board, the Board granted Adams a variance for the sign and the Board issued Adams a permit, which limited the time period for illumination of the lights on the sign from between 6pm to 11pm. Upon objectors filing an appeal to the Board's permit, challenging the sign's height, the Board then revoked the permit for Adams' sign, and Adams appealed the Board's decision.

Holding
The Court reversed the the trial court's order denying plaintiff's appeal from the Zoning Hearing Board's decision to revoke plaintiff's building permit for its billboard, finding that the objectors' appeal from the issuance of the building permit for the plaintiff's sign was untimely filed. The Court affirmed the trial court's finding that plaintiff waived its right to pursue a challenge to the constitutional validity of the Zoning Ordinance when plaintiff entered into a compromise agreement with the Zoning Hearing Board regarding the billboard's lighting restrictions, position, height, size and number of advertising faces.