Prah v. Maretti

321 N.W.2d 182 (Wis. 1982)

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Nature of the Case

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Facts

Prah (P) built a house in a subdivision. The residence has a solar system. Maretti (D) purchased the lot next to P's, and began planning construction of a new home. Although D's plans conformed to the subdivision's deed restrictions and to local ordinances, the proposed location of D's house on his lot would block sunlight to P's lot and interfere with the operation of his solar heating system. D began construction over P's prior objection. P sued for injunctive relief and damages, alleging that D's house, as it was planned, constituted a common law private nuisance. P also alleged that he was entitled to unrestricted use of the sun and its solar power. P sought an injunction and damages. The lower court granted D's motion for summary judgment, concluding that P's complaint failed to state a claim upon which relief could be granted. P appealed. D argues that he has a right to develop his land as he pleases, in conformance with ordinances and covenants, without regard to P's interest in the sunlight.