Bifalgorithm post · Property · The complaint alleges that the residence has a solar
130 Plaintiff
130 Plaintiff (Property · The complaint alleges that the residence has a solar) — "130 the plaintiff locating his home in a different place on his property or…
Ideas in this flowchart
- Lawful enjoyment of property should be vigorously protected in disputes over alleged solar blockage.
- A landowner should be able to use the property as he lawfully desires.
- The adjacent owner could have acquired the land before the defendant acquired it.
- The adjacent owner could have protected himself through provident use of his own property.
- No known cases repudiate policies favoring lawful property use or declare them no longer applicable here.
- The majority treats sunlight as a source of energy with new significance in recent years.
- Solar energy for home heating is sparingly used and of questionable economic value.
- Solar collectors are costly because they are not mass-produced, and their limited efficiency may explain the lack of production.
- Society has a significant interest in avoiding restrictions on land development.
- State v. Deetz is cited for the possible preference of aesthetics over increased-volume development.
- An individual may not use land in a way that harms the public.
- Solar-blockage disputes usually involve abutting neighbors who may be expected to compromise.
- Recognizing a cause of action for solar blockage may thwart compromise between neighbors.
- Williams and Kraemer identify litigation between neighbors as a deterrent to securing access to direct sunlight.
