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Prah v. Maretti
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| Prah v. Maretti | |
| Court | Wisconsin Supreme Court |
|---|---|
| Citation | 108 Wis. 2d 223 |
| Date decided | July 2, 1982 |
Facts
- Prah = a homeowner had solar collectors; he wanted to heat his home with solar electricity
- Maretti = the neighbor of Prah who wanted to build a slightly tall house with a lakeview
- Maretti's house over-shadowed Prah's solar panels
- Prior to construction, Prah asked Maretti to build his house farther back to allow sunlight to reach Prah's solar panels
- Maretti agreed to move his house location away from Prah by 10 feet--but no more
Procedural History
- Prah sued Maretti for nuisance
- Prah lost in the Wisconsin trial court when the court ruled that the law of nuisance didn't apply to his claim
Issues
Can a party bring a nuisance claim against another party for interfering with the passage of sunlight across property?
Holding
A party can bring a nuisance claim for blockage of sunlight across property if the blockage unreasonably interferes with a party's use & enjoyment of the property.
Judgment
Reversed
Rule
Public nuisance
Resources
