(DOWNLOAD) "Belmar Drive-In Theatre v. Hgw. Com." by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Belmar Drive-In Theatre v. Hgw. Com.
- Author : Supreme Court of Illinois
- Release Date : January 23, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This action was initiated in the circuit court of Du Page County by Belmar Drive-in Theatre Company to recover damages to its business allegedly caused by bright lights emanating from a toll-road service center, or ""oasis,"" located on the Northwest Tollway adjacent to plaintiff's outdoor movie theatre. Named as defendants were the Illinois State Toll Highway Commission together with Standard Oil Company, American Oil Company and Fred Harvey, Inc., the operators of business concessions on the oasis. Asserting that constitutional questions are involved, plaintiff appeals from a judgment order dismissing its amended complaint as being insufficient at law. The amended complaint consisted of three counts and the plaintiff's contentions here make it expedient to treat upon each count separately. The basic charge of count I is that brilliant artificial lights employed on the oasis and its approaches approximate the light of day and dispel darkness on neighboring premises, making it impossible to properly exhibit outdoor movies, and thus constitute a private nuisance which has caused a substantial decline in plaintiff's business and entitles it to damages. However, we are in accord with the determination of the trial court that the facts pleaded to support the charge of a private nuisance do not charge the defendants with an actionable wrong.