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One of my favorite things about the holiday season is the light displays in the front yards of many homes.  I took a trip to Walt Disney World a couple of years ago and was impressed with the Osborne Family Spectacle of lights.  These lights lit up an entire area of one of the parks.  The lights were beautiful and danced to the holiday tunes that played in the background.  From my trip I learned that the lights were formerly displayed in Little Rock Arkansas as part of the Osborne Family’s holiday display.  The Arkansas Supreme Court ruled that the lights were a nuisance and the family could no longer have their display. The next year the Walt Disney Company stepped in and bought the lights and they continue to be on display to this day. 

I began to wonder about how many other cases were affected by the ruling in the Osborne case.  Specifically large light displays being considered a nuisance and not being allowed.  I decided to conduct a search on LexisNexis to find out.  I began by searching for the case.  From the search tab I selected, States Legal – U.S. view more.   I clicked on Arkansas and then AR Federal & State Cases, Combined.  I chose a Terms & Connectors search and entered the following search terms, Osborne & “Christmas Lights.”  The second case in my results list was Osborne v. Power.  After a brief glance I realized this was the case.  I scanned the headnotes and discovered the HN4 was the headnote I was interested in.  My final action was to Shepardize the case and find out how many other cases cited HN4.  I was surprised by the answer.  You may be too but to find out you’ll have to Shepardize the case on your own.

Have a Happy Holiday Season!

Mark House, Adjunct Professor of Law at Phoenix School of Law and a principal in Becker & House, PLLC in Scottsdale, has won a case in the Arizona Supreme Court: Estate of McGathy/Waldow et al. v. LaPorta, CV-10-0102-PR (Dec. 2, 2010). Professor House teaches Trusts and Estates most semesters. This case demonstrates why civil procedure is important even for probate attorneys!

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