residential neighborhood

196 Ariz. 114

Full Case 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

251 So. 3d 986

Full Case Name
Michael PAULSON, Appellant, v. Sarah RANKART, Appellee.
Date
07-11-2018
Court
District Court of Appeal of Florida, First District
Jurisdiction
Florida
Plaintiffs
Defendants
Incident Location
Port St. Joe, FL
Disputed Act

Property owner sought stalking injunction against neighbor. Neighbor complained to code enforcement about property owner's outdoor lighting and barking dogs.

Holding
Evidence did not support finding that neighbor willfully and maliciously engaged in conduct ot support stalking injunction
Disposition

85 Va. Cir. 15

Full Case Name
Lynn Oliver et al. v. Loudoun County Board of Supervisors, Branch Banking & Trust Co., and Glynn Tara Estates, L.L.C.
Date
12-02-2011
Court
Loudoun County Circuit Court
Jurisdiction
Virginia
Plaintiffs
Defendants
Incident Location
Aldie, Loudoun County, Virginia
Disputed Act

County purchased two lots of land from developer to build a fire and rescue station. Residential neighbors brought action for equitable servitude and injunctive relief, citing expectation of development plots being reserved for residential-use only and the development of a fire and rescue station would cause harm through increased traffic, noise, and light pollution.

Holding
The Court found that the County had proper notice that the development plots were restricted to residential use and therefore enjoined the County from using the property from non-single family residential purposes.
Disposition

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
Date
01-27-2010
Court
Missouri Court of Appeals
Jurisdiction
Missouri
Plaintiffs
Defendants
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

685 A.2d 1054

Full Case 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
Description
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

157 S.W.3d 644

Full Case Name
GEORGE WARD BUILDERS, INC., and Robert Allen, Appellants, v. CITY OF LEE'S SUMMIT, Missouri, Respondent
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 interferes with adjacent residential use and enjoyment of property.

Holding
Trial court's dismissal of plaintiff's petition was final and appealable; landowners were entitled to re
Disposition

146 S.W.3d 637

Full Case Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Petitioners, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Respondents
Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
Plaintiffs
Defendants
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim; nuisance created by floodlights did not amount to unconstitutional taking of mayor's property.
Disposition