Prah v. Maretti

• 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

• 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

Can a party bring a nuisance claim against another party for interfering with the passage of sunlight across property?

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.

Reversed

Public nuisance