Belmar Drive-In Theatre Co., v. Illinois State Toll Highway

In Belmar Drive-In Theatre Co., v. Illinois State Toll Highway, 34 Ill. 2d 544, 216 N.E.2d 788 (Ill. 1966), Belmar Drive-In Theatre Company filed an action against the Illinois State Toll Highway Commission, as well as the operators of business concessions at a toll-road service center, seeking damages caused by the bright lights emanating from the toll center adjacent to the theatre. Id. at 790. The Supreme Court of Illinois reviewed persuasive authority for guidance: As stated in Joyce, Law of Nuisances, sec. 26, in this manner: " But the doing of something not in itself noxious does not become a nuisance merely because it does harm to some particular trade of a delicate nature in the adjoining property where it does not affect any ordinary trade carried on there nor interfere with the ordinary enjoyment of life. A man who carries on an exceptionally delicate trade cannot complain because it is injured by his neighbor doing something lawful on his property, if it is something which would not injure an ordinary trade or anything but an exceptionally delicate trade." (Id. at 791.) And, specifically in regard to cases alleging light as a nuisance: Again, it is stated in 5 A.L.R.2d 705: "The private nuisance light cases, considered as a whole, seem to warrant the generalization that if the intensity of light shining from adjoining land is strong enough to seriously disturb a person of ordinary sensibilities, or interfere with an occupation which is no more ordinarily susceptible to light, it is a nuisance; if not, there is no cause of action. The courts will not afford protection to hypersensitive individuals or industries." Id. Relying on these authorities, the court affirmed the trial court's dismissal of the nuisance count. Id.