commerical lighting

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.

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.

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.

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.