residential neighborhood

Kee v. Pennsylvania Turnpike Commission

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

Neighboring residents objected and filed complaint against Pennsylvania Turnpike Commission (Commission) for plans to expand the Plainfield Service Plaza without conducting an environmental impact study. Court held that the Commission was potentially required to conduct an environmental impact study under the Clean Streams Law. The Court overruled the Commission's preliminary objections to the complaint and remanded the case to the trial court.

Cite
685 A.2d 1054
Date
11-20-1996
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
URL
https://www.courtlistener.com/opinion/5133929/kee-v-pennsylvania-turnpike-commi…
Plaintiffs
individual
city
Defendants
state
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
Court overruled the Pennsylvanis Turnpike Commission's preliminary objections and held that the Commission was potentially required to conduct environmental impact study under Clean Streams Law. The Court remanded the case to the lower court.
Disposition
overruled
remanded
light trespass
residential neighborhood
commercial lighting

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.

Cite
157 S.W.3d 644
Date
11-23-2004
Court
Missouri Court of Appeals
Jurisdiction
Missouri
URL
https://www.courtlistener.com/opinion/1465344/george-ward-builders-inc-v-city-o…
Plaintiffs
Company
Defendants
city
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
vacated
remanded
light trespass
over-illumination
artificial light at night
residential neighborhood
recreation & sports facilities

Texas Department of Transportation v. City of Sunset Valley

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
Description

City and city officials filed action against the Texas Department of Transportation (TxDOT) concerning highway expansion. The Court ruled that TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim.

Cite
146 S.W.3d 637
Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
URL
https://www.courtlistener.com/opinion/894609/texas-department-of-transportation…
Plaintiffs
state
Defendants
city
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
reversed
rendered
enforcement
residential neighborhood
obtrusive light
roadway lighting
construction lighting
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