Dave’s Drive-In has operated a two-screen outdoor movie theater for 45 years. The movie theater is situated on the company’s land on the outskirts of a major city

Dave’s Drive-In has operated a two-screen outdoor movie theater for 45 years. The movie theater is situated on the company’s land on the outskirts of a major city. Over the past decade, as the city has grown, residential subdivisions have been developed on land adjacent to the theater property. Ordinary street lights and porch lights from these new subdivisions are emitting ambient light that is damaging the quality of the outdoor theater’s screen picture, and this reduced picture quality has caused Dave’s Drive-In to lose about 20% of its ticket sales in the past year. 

What sort of legal claim might Dave’s Drive-In try to bring against the owners of the residential properties whose lights are disturbing the company’s theater? Do you think the claim will be successful? Why or why not?

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