light trespass

Paulson v. Rankart

Full Case Name
Michael PAULSON, Appellant, v. Sarah RANKART, Appellee.
Description

Neighbor complained to code enforcement about property owner's outdoor lighting. Property owner sought stalking injunction in response. Court ruled evidence did not support willful and malicious conduct to support stalking injunction.

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 to support stalking injunction
Disposition

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.

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
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

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

Blue Ink, Ltd. v. Two Farms, Inc.

Full Case Name
BLUE INK, LTD. v. TWO FARMS, INC. d/b/a Royal Farms, Inc.
Description

Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The Court affirmed the circuit court's judgment to set aside the trial court's judgment and damages awarded in favor of plaintiff due to legally insufficient evidence to support a private nuisance claim against defendant.

Date
07-30-2014
Court
Court of Special Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Defendants
Incident Location
Middle River, MD
Disputed Act

Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The jury in the trial court ruled in favor of plaintiff, awarding damages because plaintiff had to build a fence to block out the illumination. The circuit court found there was insufficient evidence for a jury to find a private nuisance, set the jury’s verdict aside, and entered judgment in favor of defendant.

Holding
The Court affirmed the circuit court's judgment to set aside the trial court's judgement in favor of Blue Ink (dba Bengies) due to legally insufficient evidence to support a private nuisance claim and damages against defendant.
Disposition