Maryland Court Pulls Plug on Light-Pollution Lawsuit

When Can You Sue a Business for Creating a Private Nuisance?

The Bengies is Maryland’s last drive-in movie theater. It has survived the rise of the multiplex, DVDs and Netflix. But the theater, founded in 1956, may have lost a skirmish over a more immediate threatlight spillage from a neighboring business.

In 2008, the Royal Farms chain of convenience stores opened a new store along Eastern Boulevard. County zoning officials had granted a special exception, allowing a convenience store to operate on Eastern provided that lighting not inappropriately spill onto the drive-in theater. Still, The Bengies’ owner claimed that his business was adversely affected by light pollution from the new store and that he had to close early at times of year when there was no foliage to block the light

The Bengies sued Royal Farms in 2010, and a Baltimore County jury awarded the theater $838,000 in damages. The Bengies’ owner planned to use the money to erect a 25-foot tall barrier to block light from the neighboring property.

Last July, however, a Court of Special Appeals decision overturned the jury verdict, claiming that the evidence was insufficient to support the jury’s finding of a private nuisance. In the court’s view, if a business other than The Bengies were on the property for example, another store such as a 7-Eleven or a Wal-Mart the light pollution claim would not stand a chance.

Now the Court of Appeals has decided not to hear an appeal of that ruling, letting it stand. The Bengies will have to deal with the light spillage problems without the benefit of financial compensation from the business causing them

Disputes with nearby businesses can arise from many sources and can’t always be resolved amicably. Experienced attorneys can help you try to resolve these disputes through firm negotiation and, when necessary, litigation. The Bethesda and Rockville, Maryland business litigation attorneys at Longman & Van Grack have handled commercial lawsuits involving all types of disagreements and disputes. Call (301) 291-5027 for a confidential consultation today.