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Property Keyed to Sprankling
Prah v. Maretti
Citation:
321 N.W.2d 182 (1982).Facts
Prah (the plaintiff) is the owner of a home that utilizes solar energy to power his heat and hot water supply. After the plaintiff had built his home, Maretti (the defendant) purchased a lot adjacent to the plaintiff’s home with the intention of building a home on it. The location in which the defendant planned to build his home on his lot would cause a shadow effect on the plaintiff’s solar collectors, reducing their efficiency and possibly damaging the system. When the plaintiff learned of the defendant’s plans, the plaintiff told the defendant about the potential harm to his solar-powered system and requested the defendant locate his home several additional feet from the boundary line. The defendant refused and began construction as originally planned. The plaintiff claims he is entitled to “unrestricted use of the sun and its solar power” and demands injunctive relief and damages.
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