Nuisance ?

[sb28]

Assume there is a drive-in theater on the other side of a Winn Dixie store, can that theater bring a public nuisance action if floodlights from Winn Dixie's parking lot are hitting the screen and, a s a result, fewer people come to the theater?

[VitaminE]

Haha...I thought you were talking about the poster robmelone...

[J D]

From what I remember (I believe there was a note case on this in my Property book last year), no, essentially because the plaintiff is "overly sensitive" and that's the reason why its enjoyment of the land is impaired.  The neighboring use wouldn't have reasonably impaired the plaintiff's enjoyment of its land if it were basically anything other than drive-in theater.

[Felsen]

No nuisance probably.  See Amphitheatre, Inc. v. Portland Meadows, which dealt with a drive-in theater and a race track.  In that case, the race-track did take steps to prevent the light pollution to the theater's property, though.

Light can be a nuisance, but it does need to be excessive and/or in the wrong place.  For example, the Winn Dixie lights that are too bright in a residential area and can interfere with people trying to sleep.