Can I sue my local town for not enforcing city code for noise and quality of life issues, by not citing bar?

Question

I live in a luxury condo that is adjacent to the business distract, and a bar there has repeadily voilated both local code and nys law by throwing DJ nights, Cabaret dancing, and now have extended its premisis with outside drinking by installing a cheap fence and the noise and drunken behavior is being ingored by the police department and village officials. I want to bring suit against the village for loss of equity to our property, pain and suffering, and failure to uphold the city code which ensures all residents will be provided a high quality of life and ANY disruption of that peace and quiet will result in revocotion of any permits/license granted to business owners.

To date the village has done nothing but give the run around. At one point they blame us for moving so close to the business district, yet they approved the building of residental condos in this area to begin with.

Please help as we want to file suit asap.

Answer 1

you can try but it won't work

Answer 2

Sure! You can sue the city but I doubt you'll get very far, sadly. Try starting with the bar. Research your city codes and ordinances. Record the patrons of the bar drinking outside, any fights that go unattended and the noise pollution. This was done in my town of Modesto a while back, it shut down a bar on the outskirts of down town area. Present all your videos and documentations to the local authorities and if they pay no never mind to it, try taking it to the mayor. That's all I can help ya with hopefully someone else can help a bit better!

Yes, filling a class action suit would probably be the way to go but it would be difficult to find enough people that would be interested. I've always just disregarded any offers sent my way :/

Answer 3

One can always file suit the question are 1st can you afford the cost of litigation and will you prevail? Suing the city in it self is very expensive and under statute makes it very very difficult to sue governments.


2nd: a suit for loss of equity or pain and suffering would not be against the town a third party but against the bar, but this will require experts to testify both in loss of equity but a medical for pain and suffering

Best bet is to use the power of all the voters in your condo to place pressure on the local councilmen to do something about the problem with the bar

If you really want to sue the town my bet a lawyer if he thought you had a case would need at least 15K

Answer 4

It sounds like it has to be a class action law suit. There is too much money involved, otherwise. Thats why you are getting the run around. Unless you have a lot of money, its not wise to take this on by yourself. By making it a class action, you are involving other residents and being able to obtain a kick-butt lawyer.

More than likely the people that granted permits/licenses were taken to lunch a number of times...reciprocity ensued--and they were fellow town/village residents who live on the other side of town in their own 3 story house on 10 or more acres of land (just exemplifying). And, who knows, probabaly the bar owner's brother did low cost contract work for the mayor's brother-in-law.

Answer 5

Yes, you can sue the municipality and it is not a class action lawsuit. For a class action, there must be numerous plaintiffs who cannot be identified. Besides, class actions are much more time consuming. Your cause of action is a Writ of Mandamus. This is an old common law action that tells a government to "do your duty and enforce your laws." This is difficult to do without an attorney, but assuming your facts are correct, you can sue and you have a good chance of success.