residential neighborhood

EQT Production v. Boro of Jefferson Hills, Aplt.

Full Case Name
EQT PRODUCTION COMPANY and ET Blue Grass Clearing, LLC, Appellees v. BOROUGH OF JEFFERSON HILLS, Appellant
Description

The Court found the testimonial evidence of the residents from the other municipality about the effects of the company's construction site in their municipality to be "relevant and probative" to the municipality in this case denying the same company a conditional use permit for a construction site. Part of the residents' concerns from the other municipality was about bright lights and light pollution coming from the company's construction site.

Date
05-31-2019
Court
Supreme Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Incident Location
Allegheny Township, PA
Disputed Act

Plaintiff company applied for a conditional use permit to construct a natural gas production complex within the Borough of Jefferson Hills (the Borough). In deciding against the permit, the Borough considered as evidence the testimony of residents of another municipality regarding the impacts to their health, quality of life, and property which they attributed to a similar facility constructed and operated by the same company in their municipality. Part of the residents' concerns from the other municipality was about bright lights and light pollution coming from the company's construction site.

Holding
The Court vacated the lower court's finding that the testimonial evidence of the residents from the other municipality about the effects of the company's construction site in their municipality was "speculative" and instead found that evidence to be "relevant and probative" to the municipality in this case denying the same company a conditional use permit for a construction site. The Court remanded the case to the lower court with instructions to reconsider its decision in light of the Court's opinion.
Disposition

McElhaney v. City of Moab

Full Case Name
Jeramey MCELHANEY and Mary McElhaney, Appellees, v. CITY OF MOAB and Moab City Council, Appellants.
Description

Individuals applied for a permit for a bed and breakfast. City Planning Commission approved the permit in spite of neighbors' concerns. The permit was later denied by City Council; the denial was reversed by the district court. Court found City Council did not issue sufficient findings supporting its denial of the permit, and that the district court should have permitted Council to craft new findings of fact and conclusions of law capable of appellate review.

Date
09-21-2017
Court
Utah Supreme Court
Jurisdiction
Utah
Plaintiffs
Defendants
Incident Location
Moab, UT
Disputed Act

Individuals applied for a permit for a bed and breakfast on their property in a residential neighborhood. The City Planning Commission approved the permit subject to conditions in spite of neighbors' concerns over the impact on the neighborhood. The permit was later denied by the City Council; the denial was reversed by the district court.

Holding
The Court found the City Council did not issue sufficient findings supporting its denial of the permit. The Court also found that the district court should have permitted the Council to craft new findings of fact and conclusions of law capable of appellate review.
Disposition

Gorsline v. Board of Supervisors

Full Case Name
Brian GORSLINE, Dawn Gorsline, Paul Batkowski and Michele Batkowski v. BOARD OF SUPERVISORS OF FAIRFIELD TOWNSHIP v. Inflection Energy, LLC and Donald Shaheen and Eleanor Shaheen, his wife, Appellants
Description

Company applied to lease land to build a natural gas well. Neighbors expressed concerns over the adverse effects of the project. Board of Supervisors granted the permit, but it was denied by the trial court. Trial court erred in finding the well was disimilar to a public service facility, as well as in finding that the well conflicted with the Zoning Ordinances. Neighbors did not show evidence that the well would harm the neighborhood's health and safety.

Date
09-14-2015
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Fairfield Township, PA
Disputed Act

Company applied to lease land from individuals for the purpose of building and operating a natural gas well. The township Board of Supervisors granted the conditional use permit after holding a hearing at which neighboring property owners expressed concerns over the adverse effects of the project, including traffic, noise, light pollution, potential well employees with criminal records, and property values. The permit was denied by the trial court.

Holding
The trial court erred in finding the proposed natural gas well was disimilar to a public service facility, as well as in finding that the proposed use conflicted with the Zoning Ordinance's express authorization of the extraction of minerals. The neighboring property owners did not show evidence that the proposed well would harm the neighborhood's health and safety.
Disposition

Bailey & Associates, Inc. v. Wilmington Board of Adjustment

Full Case Name
BAILEY AND ASSOCIATES, INC., Petitioner v. WILMINGTON BOARD OF ADJUSTMENT and CITY OF WILMINGTON, Respondents, and JOHN BLACKWELL and wife, ELIZA BLACKWELL; VICTOR BYRD and wife, CAROLYN BYRD; VISHAK DAS and wife, TRACY DAS; BILL DOBO and wife, BARBIE DOBO; BOB DOBO and wife, JEAN DOBO; BARBIE DOBO; BUTCH DOBO and wife, SHELLY DOBO; PATRICK EDWARDS and wife, KIM EDWARDS; MATT EPSTEIN and NINA BROWN; EARL GALLEHER and wife, LAUREN GALLEHER; BARBARA GUARD and husband, RON GUARD; GLENDA FLYNN; JANE HARDWICK; L.T. HINES and wife, JOY HINES; WRIGHT HOLMAN and SUSAN KEYES; JIM LONG and wife, BESS LONG; ANN McCRARY; KENYATA McCRARY and wife, GRACE McCRARY; PEM NASH and wife, GRETCHEN NASH; DONNA NOLAND; PAT PATTERSON and wife, MARY PATTERSON; DREW PIERSON and wife, KNOX PIERSON; DAVID POWELL and wife, JANICE POWELL; ALLEN RIGGAN and wife, PAM RIGGAN; NANCY ROSE; ROLF SASS and wife, JANIS SASS; BEN SPRADLEY and wife, SANDEE SPRADLEY; CHARLES SWEENY and wife, JUNE SWEENY; SUSAN SWINSON; GEORGE TURNER and wife, SUE TURNER; JOYCE ZIMMERMAN; NOAH ZIMMERMAN and wife, KATHRYN ZIMMERMAN; ROBERT SMITH and wife, MARY SMITH, Intervenor-Respondents
Description

The City's Board of Adjustment denied the plaintiff's development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing and the Court affirmed the lower court's finding that the intervenors had standing.

Date
02-02-2010
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Wilmington, DE
Disputed Act

Plaintiff company sought to develop a tract it owned which bordered a local creek. The City's Board of Adjustment denied the development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing.

Holding
The Court affirmed the lower court's order holding that adjacent property owners intervening in the case between plaintiff and the City's Board of Adjustment about plaintiff's development had standing to intervene but were not entitled to relief from judgment based on newly discovered evidence.
Disposition

Tenlan Reality Corp. v. Board of Standards & Appeals

Full Case Name
In the Matter of the Application of Tenlan Realty Corporation and Another, Appellants, against The Board of Standards and Appeals of the City of New York, and Harris H. Murdock, Chairman, and Others, the Members Thereof, Respondents, and Treeverse Realty Corporation, Intervenor, Respondent
Description

The Court vacated the lower court decision dismissing the plaintiffs' claim that the City's Board of Standards and Appeals had no proper basis for a variance of its Zone Resolution regulating illuminated roof signs. The City's variance would have allowed a store to erect on the roofs of its premises an illuminated sign which would have been one hundred feet long and twelve feet high. The Court found that the "permitted use of glaringly bright electric lights would be so annoying to occupants of adjacent properties used exclusively for residential purposes as practically to constitute a nuisance to them; it would also affect adversely the value of property in this residental district."

Date
06-11-1937
Court
New York Supreme Court, Appellate Division
Jurisdiction
New York
Plaintiffs
Defendants
Incident Location
Bronx, NY
Disputed Act

The City's Board of Standards and Appeals granted a variance of its Zone Resolution, permitting the erection of an illuminated sign "one hundred feet long and twelve feet high on the roof of the premises of stores" in "a district zoned for residence purposes." The owners of adjacent apartment houses filed a suit against the City's Board of Standards and Appeals decision, claiming "that this enormous illuminated sign, burning throughout the night in the rear of their apartments, would have a most serious effect on their property, causing tenants to vacate."

Holding
The Court vacated the lower court decision dismissing the plaintiffs' claim that the City's Board of Standards and Appeals had no proper basis for a variance of its Zone Resolution regulating illuminated roof signs. The City's variance would have allowed a store to erect on the roofs of its premises an illuminated sign which would have been one hundred feet long and twelve feet high. The Court found that the "permitted use of glaringly bright electric lights would be so annoying to occupants of adjacent properties used exclusively for residential purposes as practically to constitute a nuisance to them; it would also affect adversely the value of property in this residental district."
Disposition

Plamondon v. Outcepts Management & Consulting, LLC

Full Case Name
William R. Plamondon & others vs. Outcepts Management & Consulting, LLC, & others
Description

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.

Date
06-11-2012
Court
Massachusetts Appeals Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Westport, MA
Disputed Act

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.”

Holding
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.
Disposition

Irshad Learning Center v. County of DuPage

Full Case Name
IRSHAD LEARNING CENTER, Plaintiff, v. COUNTY OF DUPAGE, Defendant
Description

Institution purchased property to build a structure for religious and educational activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the permit. Institution and County both moved for summary judgment. Court found no evidence to support a denial based on impact on adjacent properties. Court also found no evidence that permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Court found that the denial was arbitrary.

Date
03-29-2013
Court
United States District Court for the Northern District of Illinois
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
DuPage County, IL
Disputed Act

Religious and educational institution purchased property with the intent to build a structure at which to conduct its regular activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the conditional use permit for the property. Institution and County both moved for summary judgment.

Holding
The Court found there is no evidence to support a denial based on impact on adequate supply of light or air to adjacent properties. The Court also found no evidence that the permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Finally, the Court found that the denial was arbitrary because it did not comply with relevant zoning criteria.

City of Airway Heights v. Eastern Washington Growth Management Hearings Board

Full Case Name
The City of Airway Heights, Respondent, v. The Eastern Washington Growth Management Hearings Board, Defendant, Spokane County et al., Appellants, Brigitta Archer, Respondent; Brigitta Archer, Respondent, v. The Eastern Washington Growth Management Hearings Board, Defendant, Spokane County et al., Appellants
Description

The Court affirmed the conclusion of the Eastern Washington Growth Management Hearing Board (GMHB) that Airway Height's ordinances allowing residential development near the city's airforce base violated Washington State's Growth Management Act (GMA). The court adopted the GMHB’s definition of “incompatible development” as a “development that is incompatible with a military installation's ability to carry out its current or future missions.”

Date
04-12-2016
Court
Washington Court of Appeals
Jurisdiction
Washington
Plaintiffs
Incident Location
Airway Heights, Washington
Disputed Act

The 2009 Fairchild Air Force Base Joint Land Use Study (JLUS) was a voluntary collaborative planning effort between local communities, federal officials, residents, business owners, and the military. The JLUS identified residential development near military airport bases as concerning because it brought objections from residents about safety, noise, and light pollution, which endangered the long term viability of the military airport bases. Washington State also had passed a statute, Washington State's Growth
Management Act, which aligns with the conclusions of the JLUS study. The City of Airway Heights adopted ordinances to approve residential development near the local Airforce Base. The Eastern Washington Growth Management Hearing Board invalidated the ordinances because it found they violated the Washington State's Growth Management Act.

Holding
The Court affirmed the conclusion of the Eastern Washington Growth Management Hearing Board (GMHB) that Airway Height's ordinances allowing residential development near the airforce base violated Washington State's Growth Management Act. However, the Court reversed the lower court's agreement with some of the findings of the Eastern Washington Growth Management Hearing Board. Since the Court affirmed one of the three reasons on which the GMHB invalidated the challenged ordinances, the Court concluded that it also affirmed the result of GMHB' s decision and order invalidating the City's ordinances.

ASPEN TRAILS RANCH, LLC v. Simmons

Full Case Name
ASPEN TRAILS RANCH, LLC, Appellant, v. BARRY J. SIMMONS and PETE ELLIOT, and HELENA CITY COMMISSION, Appellees
Description

Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment was inadequate. District Court found the approval of the plat unlawful for failure to address pollution concerns. Developer appealed. The Court found that the Plaintiff's had standing and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.

Date
04-14-2010
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Helena, MT
Disputed Act

City Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment inadequately addressed potential increased traffic, decreased water quality, flooding, and light pollution. District Court found the approval of the plat unlawful for failure to address groundwater and surface pollution concerns. Developer appealed.

Holding
The Court found that allowing the developer to file a motion to appeal after the City declined to do so was within the trial court's discretion, that the Plaintiff's had standing, and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.
Disposition

Heffernan v. Missoula City Council

Full Case Name
KATHY HEFFERNAN, ROBIN CAREY, DAVID HARMON, and NORTH DUNCAN DRIVE NEIGHBORHOOD ASSOCIATION, INC., Plaintiffs and Appellees, v. MISSOULA CITY COUNCIL, CITY OF MISSOULA, and JOHN ENGEN, Mayor, Defendants and Appellants, and MUTH-HILLBERRY, LLC, Intervenor-Defendant and Appellant
Description

City approved plans for a subdivision. Neighbors and an association opposed the subdivision and petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed. Court held that Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. Court also found that the agreement between City and the developer did not supersede the growth policy.

Date
05-03-2011
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Missoula, MT
Disputed Act

City approved plans for a 37-lot subdivision. Nearby residents and a neighborhood association opposed the subdivision due to incompatibility with the City's growth policy, ecological concerns, traffic, and light pollution; they then petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed.

Holding
The Court held that the Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. The Court also found that the density rights agreement between the City and the developer did not supersede the growth policy.
Disposition