Sher v. Leiderman

Opinion

BRAUER, J.

Rudolph and Bonnie Sher appeal from a judgment against them in favor of P. Herbert and Gloria Leiderman following a court trial. Their appeal presents an issue of first impression in this state, namely, whether an owner of a residence designed to make use of solar energy can state a cause of action for private nuisance when trees on his neighbor’s property interfere with his solar access. We determine that California nuisance law does not provide a remedy for blockage of sunlight, and, for reasons discussed below, we decline to expand existing law.

The Shers’ appeal also…