Bifalgorithm post · Property · The complaint alleges that the residence has a solar
120 Deference
120 Deference (Property · The complaint alleges that the residence has a solar) — "120 deference to the public waterworks and sewer; the terrace and the garden…
Ideas in this flowchart
- Wisconsin’s changing doctrine on access to sunlight
- Three policies historically supported strict limits on light-and-air easements
- Deference to public waterworks and sewers
- Concern for terraces, gardens, and more complete occupancy
- Facilitating ordinary real-estate conveyances and rapid municipal development
- Earlier rule: without an express agreement, obstructing another landowner’s sunlight was not actionable
- The earlier rule was stated in Miller v. Hoeschler and reaffirmed in Depner
- The three historical policies are no longer fully accepted or applicable
- Land use is increasingly regulated for the general welfare
- Recent developments have given access to sunlight a new significance
- The plaintiff seeks sunlight as an energy source, not for aesthetics or illumination
- Land-use regulation is supported by Euclid v. Ambler Realty Co. and Just v. Marinette
