New Jersey common law treats unreasonable light spillover as a private nuisance, providing a uniform statewide remedy independent of any municipal lighting ordinance.
New Jersey courts apply the Restatement (Second) of Torts approach to private nuisance, recognized in cases such as Sans v. Ramsey Golf and Country Club and Lyons v. Township of Wayne. Light trespass that substantially and unreasonably interferes with use and enjoyment of neighboring property is actionable regardless of whether the offending fixture meets any local code. The MLUL (N.J.S.A. 40:55D-1 et seq.) authorizes municipal lighting standards, but the common-law nuisance remedy applies statewide and is not preempted by compliance with a permit. Plaintiffs may seek injunctive relief and damages.
Superior Court (Chancery Division) may enjoin lighting, order shielding or aim adjustments, and award compensatory damages. Municipal code violations carry separate fines under local ordinance, typically $100 to $1,000 per day.
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