Bifalgorithm post · Property · The complaint alleges that the residence has a solar

System Includes

System Includes (Property · The complaint alleges that the residence has a solar) — "system which includes collectors on the roof to supply\n\n113 energy for h…

Ideas in this flowchart

  • A dispute arose over a neighboring home's impact on a solar-heated house.
  • The plaintiff's roof collectors supplied energy for heat and hot water.
  • The defendant purchased the adjacent lot to the south and began planning and constructing a home.
  • The plaintiff warned that the proposed location would substantially and adversely affect the solar system and could cause other damage.
  • The plaintiff claimed an unrestricted use of the sun and its solar power and sought injunctive relief and damages.
  • The plaintiff moved for a temporary injunction to restrain the defendant's construction.
  • The circuit court considered testimony, affidavits, and a viewing of the site.
  • The plaintiff's home was the subdivision's first residence and complied with applicable restrictions despite not being centered on the lot.
  • The proposed house could shadow the solar collectors, reducing system efficiency and possibly damaging the system.
  • The plaintiff requested that the defendant place the house several additional feet from the plaintiff's lot line.
  • The exact additional distance requested was disputed.
  • The cited discussion addresses protection of solar access through nuisance, water rights, zoning, and solar-rights theories.
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System Includes

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"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)."

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