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Dispute over installation of Dusk-to-Dawn lighting

Discussion in 'Other Ownership, Use & Privacy Issues' started by SleeplessInCA, May 14, 2015.

  1. SleeplessInCA

    SleeplessInCA Law Topic Starter Guest

    In a residential neighborhood, on the North side of the street, 'Lot A' is bordered by an alley access on the West side that intersects with an alley on the North side that runs parallel to the street. Lot A is 50 ft w x 123 ft d. Progressing to the East, adjacent Lot B is 63 ft w x 123 ft d; and, adjacent to that, Lot C is 72 ft w x 123 ft d.
    The property owner of Lot A has contracted with the power company to install a 'dusk-to-dawn' light (200 watt), mounted 30-35 feet high on a utility pole located on the property line that divides Lot A and Lot B in the alley on the North side of these homes. This light fixture provides constant light to an area within 120 ft radius of the pole.
    As the owner of Lot C, my property is included in the area illuminated by this light; and the light shines directly into my bedroom windows. I do not want my property under constant light at night. I have motion sensor lights that only come on when light is necessary.
    The owner of Lot A did not discuss his plans and did not notify anyone before having this light installed. It is unknown, to me, whether any consideration was given beforehand, as to how this light would affect adjacent properties.
    I phoned the power company to complain that the fixture shines an unwelcome and undesired light onto my property and into my bedroom. The 'shield' they applied serves only to mask the 'hot spot' and the invasive light remains a nuisance.
    I emailed the power company, explaining that there are many options available to those who wish constant light on their properties at night; but this light, as installed, inflicts constant light on adjacent properties and against the wishes of those property owners. A customer service representative contacted me, expressing sympathy for my having to endure this unwanted light; and he agreed to release the owner of Lot A from the contract and refund charges related to this installation. It was at this point that I learned WHO had requested this installation.
    I hand delivered a letter, informing my neighbor that I believe a mistake has been made. I told him I do not want my property under constant light at night; and noted the many other options available to him, that would satisfy his wish to have light while honoring my wish not to have light. I included a copy of my email to the power company (which included a satellite view photograph of the neighborhood, a red "X" marking the location of the light, and illustration of the area the light covers).
    Unfortunately, the light remains in operation and I have little hope that this might change.

    While any homeowner is well within his right to light his property, I do not believe that authority extends to the property of others. The owner of Lot A has what he wants (i.e. constant light at night) and I am not trying to take that away from him. He, on the other hand, by refusing to use alternate methods of lighting is taking what I want (i.e. NO constant at night) away from me. This is unfair and I am not willing to relinquish my rights to use my property as I wish.

    Do I have legal recourse to get an injunction against this installation?
     
  2. army judge

    army judge Super Moderator

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    You're free to take any dispute before the courts in your jurisdiction.
     

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