System Includes

"system which includes collectors on the roof to supply\n\n113 energy for heat and hot water and that after the plaintiff built his solar-heated house, the defendant purchased the lot adjacent to and immediately to the south of the plaintiff’s lot and commenced planning construction of a home. The complaint further states that when the plaintiff learned of defendant’ s plans to build the house he advised the defendant that if the house were built at the proposed location, defendant’s house would substantially and adversely affect the integrity of plaintiff’s solar system and could cause plaintiff other damage. Nevertheless, the defendant began construction. The complaint further alleges that the plaintiff is entitled to “unrestricted use of the sun and its solar power” and demands judgment for injunctive relief and damages. 1 After filing his complaint, the plaintiff moved for a temporary injunction to restrain and enjoin construction by the defendant. In ruling on that motion the circuit court heard testimony, received affidavits and viewed the site. The record made on the motion reveals the following additional facts: P laintiff’s home was the first residence built in the subdivision, and although plaintiff did not build his house in the center of the lot it was built in accordance with applicable restrictions. Plaintiff advised defendant that if the defendant’s home were built at the proposed site it would cause a shadowing effect on the solar collectors which would reduce the efficiency of the system and possibly damage the system. To avoid these adverse effects, plaintiff requested defendant to locate his home an additi onal several feet away from the plaintiff’s lot line, the exact number being disputed. Plaintiff and defendant failed 1 … . For a discussion of protecting solar ac cess, see Note, Obtaining Access to Solar Energy: Nuisance, Water Rights, and Zoning Administration , 45 Bkyn. L. Rev. 357 (1979); Comment, Obstruction of Sunlight as a Private Nuisance, 65 Cal. L. Rev. 94-119 (1977); Comment, Solar Rights: Guaranteeing a Place in the Sun , 57 Ore. L. Rev. 94 (1977); Note, The Allocation of Sunlight; Solar Rights and the Prior Appropriation Doctrine , 47 U. Colo. L. Rev. 421 (1976)."