commercial lighting

Mjd Properties, Llc, Resp. v. Jeffrey Haley, App.

Full Case Name
MJD Properties, LLC, Respondent, v. Jeffrey Thornton Haley, Appellant
Description

Defendant company installed a light pole with a protective, adjustable shield in its parking area so that its light shines into the plaintiff's bedroom windows of his residence at night, so plaintiff filed a nuisance suit. The trial court dismissed the nuisance suit because it found that defendant's light was in compliance with the City's Code. The Court reversed the dismissal of plaintiff's nuisance claim because it found that plaintiff had demonstrated a genuine issue of material fact about the reasonableness of defendant's driveway light.

Date
09-08-2015
Court
Washington Court of Appeals
Jurisdiction
Washington
Plaintiffs
Defendants
Incident Location
King County, WA
Disputed Act

Defendant company installed a light pole with a protective, adjustable shield in its parking area so that its light shines up into the plaintiff's bedroom windows of his residence at night. Plaintiff requested that defendant adjust the shield so that the light was not directed into plaintiff's windows, but defendant refused. Plaintiff then filed a nuisance suit, claiming that defendant's light pole with shielding caused "excessive light." The trial court dismissed the nuisance suit because it found that defendant's light was in compliance with the City's Code.

Holding
The Court reversed the dismissal of plaintiff's nuisance claim because it found that plaintiff had demonstrated a genuine issue of material fact about the reasonableness of defendant's driveway light. The Court remanded the decision for further proceedings consistent with its decision.
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

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

State v. Calabria

Full Case Name
THE STATE OF NEW JERSEY, (LONG HILL TOWNSHIP), PLAINTIFF, v. CALABRIA, GILLETTE LIQUORS & DIANE'S COUNTRY KITCHEN, DEFENDANTS
Description

The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs was an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.

Date
01-24-1997
Court
New Jersey Superior Court, Law Division
Jurisdiction
New Jersey
Plaintiffs
Defendants
Incident Location
Morris County, NJ
Disputed Act

Defendant business owners had signs on the inside of their stores illuminated by neon, which violated the Long Hill Township's ordinance regulating signs. The trial court upheld the constitutionality of the ordinance and found each defendant guilty of violating the ordinance. Defendants appealed their convictions.

Holding
The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs to be an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.
Disposition

Scenic Arizona v. City of Phoenix Board of Adjustment

Full Case Name
SCENIC ARIZONA, an Arizona corporation; Neighborhood Coalition of Greater Phoenix, an Arizona corporation, Plaintiffs/Appellants/Cross-Appellees, v. CITY OF PHOENIX BOARD OF ADJUSTMENT, a municipal agency, Defendant/Appellee, American Outdoor Advertising, Inc., an Arizona corporation, Defendant/Appellee/Cross-Appellant
Description

The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Date
11-17-2011
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Defendants
Incident Location
Phoenix, AZ
Disputed Act

The City of Phoenix Board of Adjustment ("Board") granted a use permit to American Outdoor Advertising, Inc. ("American Outdoor") to operate an electronic billboard adjacent to Interstate 17. Plaintiff non-profits brought suit to enjoin the electronic billboard, alleging the billboard would violate Arizona Revised Statutes ("A.R.S.") section 28-7903 (1998),[3] a provision of the Arizona Highway Beautification Act ("AHBA"), in part due to its intermittent lighting.

Holding
The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Citizens for Amending Proposition v. City of Pomona

Full Case Name
CITIZENS FOR AMENDING PROPOSITION L et al., Plaintiffs and Respondents, v. CITY OF POMONA, Defendant and Appellant.
Description

The Court affirmed the trial court's ruling that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits.

Date
11-07-2018
Court
Court of Appeal, Fifth District, California
Jurisdiction
California
Defendants
Incident Location
Pomona, CA
Disputed Act

Proposition L was a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits. Plaintiff, a non-profit composed of Pomona city residents formed to advocate for the enforcement of Proposition L, brought suit against the city of Pomona for entering into an extended agreement with Regency Outdoor Advertising, Inc. (Regency) to allow Regency to erect advertising billboards alongside several Pomona freeways. Issues discussed at city council meetings regarding the extended agreement with Regency included "the locations of billboards in the City, types of digital signs, light emissions, and the possibility of negotiating the removal of the three additional signs."

Holding
The Court affirmed the trial court's rulings that plaintiffs had standing, that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, and that plaintiffs were entitled to attorney's fees.
Disposition

Templeton Properties, L.P. v. Town of Boone

Full Case Name
TEMPLETON PROPERTIES, L.P., Petitioner v. TOWN OF BOONE, Respondent
Description

Landowner applied to the Board of Adjustment for a permit to develop a medical clinic, which was denied based on concerns for the neighborhood. Court found that the landowner should have had a second chance to present evidence, and that the Board must make reviewable findings of fact based solely on the testimony and evidence presented at hearings.

Date
03-06-2012
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Boone, NC
Disputed Act

Landowner applied to the town Board of Adjustment for a special use permit to develop a medical clinic. The Board denied the application based on concerns for the neighborhood, including light pollution from the parking lot.

Holding
The Court found that the landowner did not receive a "fair trial" because, unlike the residents in opposition to the permit, he did not have a second chance to present evidence. The Court held that the Board must make reviewable findings of fact based solely on the testimony and evidence presented at hearings.
Disposition

Arthur Land Co., LLC v. Otsego County

Full Case Name
ARTHUR LAND COMPANY, LLC v. OTSEGO COUNTY
Description

Property owner sought to rezone land from residential to business. Application was denied by County Board of Commissioners due to potential adverse effects. The court held that the property owner was entitled to de novo review by trial court.

Date
02-08-2002
Court
Michigan Court of Appeals
Jurisdiction
Michigan
Plaintiffs
Defendants
Incident Location
Ostego County, MI
Disputed Act

Property owner sought to rezone property from residential to business to build service/gas station and was denied by County Board of Commissioners due to increased traffic, noise, and light pollution concerns. Property owner filed complaint alleging violation of substantive due process and confiscatory taking.

Holding
Court of Appeals held that property owner was entitled to de novo review by trial court.
Disposition

Baesler v. Lexington-Fayette Urban County Government

Full Case Name
Scotty BAESLER, Alice Baesler, Robert Woods, Judy Woods, and B-W Partnership, a Kentucky general partnership, Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Lexington-Fayette Urban County Planning Commission; and Dr. Thomas Cooper, Chairman, Lyle Aten, Gene Ballestine, Ben Bransom, Ann Davis, Linda Godfrey, Sarah Gregg, Dallam M. Harper, Marty Howard, Keith Mays, Don Robinson, Ann Ross, Neill Day, Steve Kay, Lynn Roach-Phillips, Frank Penn, Randall Vaughan, and Joan Whitman, in their official capacity as members of the Lexington-Fayette Urban County Planning Commission, Appellees
Description

Property owner sought to rezone land to be included as part of nearby industrial park despite property being designated as a buffer zone between the park and rural agriculatural land. Property owner's applicationw as denied by the Urban County Planning Board Commission. The court ruled that the Commission's denial of the application was suported by substantial evidence.

Date
09-28-2007
Court
Kentucky Court of Appeals
Jurisdiction
Kentucky
Plaintiffs
Defendants
Incident Location
Lexington-Fayette County, KY
Disputed Act

Property owner sought to rezone land adjacent to industrial park known as the Blue Sky Rural Activity Center ("Blue Sky") to be included as part of the park in order to develop land for light industrial use. Property had been designated as a buffer zone between Blue Sky and rural agricultural land. The Urban County Planning Commission denied the application because development of the land would increase surface water runoff, traffic hazards, water and light pollution, and would alter the visual and aesthetic character of the rural area. Property owner appealed.

Holding
Commission's denial of property owner's application was supported by substantial evidence and property owner's procedural due process rights were not infringed.
Disposition