commercial lighting

196 Ariz. 114

Name
William BLANCHARD; Leveta Challis; Veta Cook; Caron Letcher; Carole and Vaughn Thompson, Plaintiffs-Appellants, Cross Appellees, v. SHOW LOW PLANNING AND ZONING COMMISSION; City Of Show Low; Ed Muder, as Planning and Zoning Administrator, Defendants-Appellees, Cross Appellants, John Menhennet, Trustee of the John Menhennet Living Trust; Wal-Mart Stores, Inc., Real Parties in Interest, Defendants-Appellees
Date
05-25-1999
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Show Low, AZ
Disputed Act

Neighboring property owners brought special action against City regarding rezoning of newly annexed parcel to construt a large chain discount store due to increased traffic, noise, air, and light pollution.

Holding
Court of Appeals held that citizens did not have taxpayer standing to challenge rezoning and only neighboring owners located approximately 750 feet from parcel showed particularized harm necessary for standing.
Disposition

645 F.3d 978

Name
SIERRA CLUB; National Audubon Society; Audubon Arkansas; Charles Mills, Plaintiffs-Appellees, Granville Parnell, Plaintiff, Yancey Reynolds, Plaintiff-Appellee, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Jeffrey R. Eckstein, In his Official Capacity as Current District Engineer, Vicksburg District, U.S. Army Corps of Engineers, Defendants, Southwestern Electric Power Company, Intervenor defendant-Appellant; Hempstead County Hunting Club, Inc., Plaintiff-Appellee, v. Southwestern Electric Power Company, Defendant-Appellant, United States Army Corps of Engineers; Colonel Jeffrey R. Eckstein, District Engineer, Vicksburg District, U.S. Army Corps of Engineers; United States Department of the Interior; Ken Salazar, Secretary of the United States Department of the Interior; United States Fish and Wildlife Service; Rowan Gould, Acting Director of the United States Fish and Wildlife Service, Defendants
Date
07-14-2011
Court
United States Court of Appeals for the Eighth Circuit
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Hempstead County, AR
Disputed Act

Environmental organizations brought action against Amry Corps of Engineers, Fish and Wildlife Service, and electric utility for violating the Clean Water Act (CWA), National Environmental Policy Act (NEPA), and Endangered Species Act (ESA) in the process of obtaining a permit to construct a new coal-fired power plant. Preliminary injunctions were granted in part and permit work was ordered to halt. Utility appealed.

Holding
Court of Appeals held that suffered injury in fact required for standing was met; plaintiffs would suffer irreparable harm abset injunction; balance of hardship favored injunction; and public interest supported injunction.
Disposition

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
Plaintiffs
Defendants
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

218 Md. App. 77

Name
BLUE INK, LTD. v. TWO FARMS, INC. d/b/a Royal Farms, Inc.
Date
07-30-2014
Court
Court of Special Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Defendants
Incident Location
Middle River, MD
Disputed Act

Trial court ruled in favor of Blue Ink for damages to build a fence between their property and Two Farms gas station due to illumination interference by the gas station on Blue Ink's plans to expand their drive-in theater experience.

Holding
The court affirmed the circuit court's judgement to set aside the trial court's judgement in favor of Blue Ink (dba Bengies) due to legally insufficient evidence to support private nuisance claim.
Disposition