The Court affirmed the trial court's finding that the area around the defendants' new billboard was not primarily of a business character as viewed from the highway and that the requirements of 711 Code Mass. Regs. § 3.07 were not satisfied. The Court also affirmed the trial court's decision to order that the defendants' billboard not be illuminated at night and that it be removed within ninety days.
Defendants sought to replace an existing billboard on their property in a residential neighborhood. Plaintiffs, who live nearby defendant, brought suit requesting injunctive relief to enjoin defendant from keeping the new billboard in place. The plaintiffs alleged that the new billboard did not meet the requirements of G. L. c. 93 and 711 Code Mass. Regs. § 3.00 et seq. (2010) and that the new billboard was different from the old billboard because, among other things, it was lit with light-emitting diode (LED) lamps hidden and mounted at the bottom of the billboard’s catwalk, as opposed to the prior sign’s floodlights. The trial court judge credited the defendants’ evidence that the new billboard's LED lighting minimized “backwash lighting,” or “light trespass.”
Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The Court affirmed the circuit court's judgment to set aside the trial court's judgment and damages awarded in favor of plaintiff due to legally insufficient evidence to support a private nuisance claim against defendant.
Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The jury in the trial court ruled in favor of plaintiff, awarding damages because plaintiff had to build a fence to block out the illumination. The circuit court found there was insufficient evidence for a jury to find a private nuisance, set the jury’s verdict aside, and entered judgment in favor of defendant.