recreation & sports facilities

Hansen v. Independent School District No. 1

Full Case Name
Hansen v. Independent School District No. 1
Description

The court found that the defendant school district caused a nuisance by allowing its field to be leased to a baseball team that shined its lights on the plaintiff's residence at night, interfering with the plaintiff's sleep. The court directed that an injunction be granted.

Date
07-07-1939
Court
Idaho Supreme Court
Jurisdiction
Idaho
Plaintiffs
Incident Location
Lewiston, ID
Disputed Act

A school district leased its field to a baseball team which played night games, shining beacon lights into the windows of the neighboring resident, which disturbed his sleep.

Holding
The court held that the defendant school district allowed a nuisance for the plaintiff by allowing its field to be leased to a baseball team that shined its lights on the plaintiff's residence at night, interfering with the plaintiff's sleep. The court directed that an injunction be issued restraining defendant from causing light to shine onto the plaintiff's residence.

Solar Soccer Club v. Prince of Peace Lutheran Church of Carrollton

Full Case Name
SOLAR SOCCER CLUB, Appellant and Cross-Appellee v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, Texas, Appellee and Cross-Appellant
Description

The Court affirmed the trial court ruling that there was evidence from which the jury could have concluded defendant breached the use clause of the leasing contract it had with plaintiff to build soceer fields on plaintiff's property by its over-illumination of the field lights, which caused light trespass and glare.

Date
09-19-2007
Court
Texas Courts of Appeals
Jurisdiction
Texas
Defendants
Incident Location
Dallas, TX
Disputed Act

Plaintiff church (Prince of Peace) leased part of its land to defendant Solar Socceer Club (Solar) to build soccer fields on Prince of Peace's undeveloped property. In the contract, the parties agreed Solar would use the fields primarily on evenings and weekends, while Prince of Peace would use the fields during the school day for the students in its school. Prince of Peace filed suit against Solar for breach of contract with regard to four provisions, including whether use of the field lights "exceeded the City of Carrollton's standards for light trespass and glare, by as much as six to twelve times the maximum in some locations."

Holding
The Court affirmed the trial court ruling that there was evidence from which the jury could have concluded defendant breached the use clause of the leasing contract it had with plaintiff to build soceer fields on plaintiff's property by its over-illumination of the field lights.

St. Joseph's High School, Inc. v. Planning & Zoning Commission

Full Case Name
ST. JOSEPH'S HIGH SCHOOL, INC., et al. v. PLANNING AND ZONING COMMISSION OF the TOWN OF TRUMBULL
Description

The Planning and Zoning Commission of the Town of Trumball (Commission) denied the special permit of a private school for the installation of four light poles, seventy feet in height, to illuminate its primary athletic field, after considering concerns from resident neighbors of the private school that allowing the lights would adversely affect the "use and enjoyment" of their properties. The Court vacated the lower court's decision which had allowed the private school's case against the Commission because "a zoning commission has discretion to determine whether a proposal satisfies the requirements for a special permit."

Date
09-19-2017
Court
Connecticut Appellate Court
Jurisdiction
Connecticut
Incident Location
Fairfield, CT
Disputed Act

Plaintiff private school filed an application for a special permit with the Planning and Zoning Commission of the Town of Trumball (Commission) for the installation of four light poles, seventy feet in height, to illuminate the school’s primary athletic field. The Comission denied the special permit after considering concerns from resident neighbors of the private school that allowing the lights would adversely affect the "use and enjoyment" of their properties.

Holding
The Court vacated the lower court's decision which allowed plaintiff's case against the Planning and Zoning Commission of the Town of Trumball. The Court remanded the case to the lower court with instructions to dismiss the case because "a zoning commission has discretion to determine whether a proposal satisfies the requirements for a special permit" and "judicial review is confined to the question of whether the commission
abused its discretion in finding that an applicant failed to demonstrate compliance."
Disposition

Minnesota Vikings Football Stadium, LLC v. Wells Fargo Bank, National Ass'n

Full Case Name
MINNESOTA VIKINGS FOOTBALL STADIUM, LLC, a Delaware limited liability company, Plaintiff, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, Defendant
Description

The Court found that defendant Wells Fargo Bank had breached its contract with plaintiff Minnesota Vikings Football Stadium by installing mounted illuminated signs on the rooftops of its office towers because the contract between the parties "unambiguously prohibits" this. The Court granted plaintiff's request for a permanent injunction requiring defendant to remove the mounted illuminated signs and prohibiting them from installing other mounted illuminated signs.

Date
06-23-2016
Court
United States District Court for the District of Minnesota
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Minneapolis, Minnesota
Disputed Act

Plaintiff Minnesota Vikings Football Stadium, LLC brought suit against defendant Wells Fargo Bank for breach of contract after Wells Fargo began installing mounted illuminated roof top signs on its office towers located next to the Stadium. The contract between parties had allowed rooftop signs for Wells Fargo, but did not state that the signs could be illuminated. Plaintiff alleged defendant's illuminated signs "adversely affected the Stadium's image" and sought a permanent injunction requiring defendant to remove the mounted illuminated signs and prohibiting them from installing other mounted illuminated signs.

Holding
The Court found that defendant Wells Fargo Bank had breached its contract with plaintiff Minnesota Vikings Football Stadium by installing mounted illuminated signs on the rooftops of its office towers because the contract "unambiguously prohibits" this. The Court granted plaintiff's request for a permanent injunction requiring defendant to remove the mounted illuminated signs and prohibiting them from installing other mounted illuminated signs.
Disposition

George Ward Builders, Inc. v. City of Lee's Summit

Full Case Name
GEORGE WARD BUILDERS, INC., and Robert Allen, Appellants, v. CITY OF LEE'S SUMMIT, Missouri, Respondent
Description

Landowners brought action against the City for nuisance caused by lighting system at a nearby city park. Trial court dismissed landowners' petition. Court of Appeals held that landowners were entitled to amend their petition to plead claim of inverse condemnation on remand.

Date
11-23-2004
Court
Missouri Court of Appeals
Jurisdiction
Missouri
Plaintiffs
Defendants
Incident Location
Lee's Summit, MO
Disputed Act

Outdoor lighting system for sporting fields in a park owned by City of Lee's Summit created extreme level of light pollution that interfered with adjacent residential use and enjoyment of property.

Holding
The Court found trial court's dismissal of plaintiff's petition was final and appealable. The Court ruled that landowners were entitled to amend thier petition to plead claim of inverse condemnation.
Disposition