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May 3, 2022

Blinded By The Light? Georgia Court of Appeals Says Commercial Greenhouse Light Not A Nuisance

In Kempton v. Southern Flavor Real Estate, L.P.[1], the Georgia Court of Appeals affirmed a summary judgment order in favor of a commercial greenhouse operator and against a residential neighbor’s claim of nuisance due to excess light emitted from the greenhouse. The greenhouse business was located on rural land zoned for agricultural use. The greenhouse used automated lights mounted near the glass roof and pointed down toward the floor. A significant amount of the light reflected upward and was emitted through the roof. The neighbor owned the adjoining land with a house located about 1,000 feet from the greenhouse. The… Read more