general illumination

851 N.E.2d 962

Full Case Name
Todd GREEN, et al., Appellants-Petitioners, v. HANCOCK COUNTY BOARD OF ZONING APPEALS and Joyce Holmes, Appellees-Respondents
Cite
851 N.E.2d 962
Date
07-18-2006
Court
Court of Appeals of Indiana
Jurisdiction
Indiana
URL
https://cite.case.law/ne2d/851/962/
Plaintiffs
individual
Defendants
county
Incident Location
Center Township, IN
Disputed Act

Property owner sought to build a banquet hall in agricultural zoning district. Neighbors objected to property owner's petition based on adverse effects to property values, increased traffic volume, community endangerment, and increased noise and light pollution. The Hancock County Board of Zoning Appeals (BZA) granted the property owner a special exception for construction. Neighbors sought judicial review; Circuit Court affirmed; neighbors appealed.

Holding
BZA did not act outside of its statutory authorization. The proposed facility was an acceptable commercial recreational use for zoning ordinance special exception.
Disposition
affirmed
general illumination

645 F.3d 978

Full Case 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
Cite
645 F.3d 978
Date
07-14-2011
Court
United States Court of Appeals for the Eighth Circuit
Jurisdiction
United States
URL
https://cite.case.law/f3d/645/978/
Plaintiffs
Organization
Defendants
Federal Government
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
affirmed
general illumination
commercial lighting

923 F.3d 831

Full Case Name
DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; Natural Resources Defense Council, Plaintiffs-Appellants, v. David BERNHARDT, in His Official Capacity as Acting Secretary of the United States Department of the Interior; United States Bureau of Land Management, an Agency Within the United States Department of the Interior; Neil Kornze, in His Official Capacity as Director of the United States Bureau of Land Management, Defendants-Appellees, and DJR Energy Holdings, LLC; BP America Production Company; American Petroleum Institute; Anschutz Exploration Corporation; Enduring Resources IV, LLC, Intervenor Defendants-Appellees, and ConocoPhillips Company; Burlington Resources Oil & Gas Company LP, Intervenor Defendants. All Pueblo Council of Governors; National Trust for Historic Preservation; Navajo Allottees; Alice Benally; Lilly Comanche; Virginia Harrison ; Samuel Harrison; Dolora Hesuse; Verna Martinez; Loyce Phoenix, Amici Curiae.
Cite
923 F.3d 831
Date
05-07-2019
Court
United States Court of Appeals for the Tenth Circuit
Jurisdiction
United States
URL
https://cite.case.law/f3d/923/831/
Plaintiffs
Organization
Defendants
Federal Government
Incident Location
San Juan County and McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed.

Holding
Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.
Disposition
affirmed in part
reversed in part
remanded
general illumination
artificial light at night
construction lighting

302 S.W.3d 754

Full Case Name
STATE of Missouri, ex rel. KARSCH, et al., Appellants, v. CAMDEN COUNTY, Missouri, Board of Adjustment, Respondent
Cite
302 S.W.3d 754
Date
01-27-2010
Court
Missouri Court of Appeals
Jurisdiction
Missouri
URL
https://cite.case.law/sw3d/302/754/
Plaintiffs
Company
Indidual
Defendants
county
Incident Location
Camden County, MO
Disputed Act

Developer sought conditional use permit to build condominiums on his property. County Board of Adjustment denied the application following laywitness testimony about concerns for increased traffic, noise, litter, and light pollution. Developer sought writ of certiorari to challenge denial. Circuit Court affirmed, developer appealed.

Holding
The Board did not err in denying application for conditional use permit.
Disposition
affirmed
residential neighborhood
general illumination
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