My nieghbor sued us over dirtbike noise and lost. now he is trying to sue us because he don't like the noise of our bridge. Witch has been there for over 12 years.
2007-05-01 05:43:18 · 12 answers · asked by ttt<3 1 in Politics & Government ➔ Law & Ethics
Yes. It sounds like this woman is just trying to harass you. If you get another one, you should look at counter-suing on the basis of abuse of process.
2007-05-01 05:50:01 · answer #1 · answered by Chris J 6 · 2⤊ 0⤋
I am not sure of whether the dirtbike noise was caused by crossing the bridge or not. But, if the noise generated by the bridge is different from that which they were suing for at first, then they have a valid claim. What the law does not allow is suing for the second time on the same facts. If the facts they will adduce in court or the facts they rely on are dissimilar to those in the first claim, then they can lodge another claim in law. I am a South African so I am referring to South African law but these jurisdictions are comparable as a result of the common law influence in the form of Roman-Dutch law which forms the basis of the common law of the Continental systems of law. Goodluck
2007-05-01 12:52:11 · answer #2 · answered by Sne 2 · 0⤊ 0⤋
Contact your lawyer and see if you have grounds to countersue for harassment and misuse of court system for personal vendetta.
Technically there were two separate complaints, but unless police were called and verified that there were indeed noise coming from YOUR residence, her case is nearly worthless.
On the other hand, I wouldn't want to live on a street where neighbors are this petty. I've seen a case where the neighborhood vendetta went so deep, the "bad neighbor" called child protective services and claimed the victim family is abusing their kids. :P As it's anonymous complaint, the victim family can't even find out who harassed them that way.
2007-05-01 12:55:48 · answer #3 · answered by Kasey C 7 · 0⤊ 0⤋
Your bridge??? How much noise does a bridge make??
There are laws about noise..check your town ordinances. Usually if its during the day you're fine..it's after a certain time at night that noise above a certain level must be stopped.
2007-05-01 12:48:22 · answer #4 · answered by pamomof4 5 · 0⤊ 0⤋
Sounds like your neighbor needs to chill out! He seems a little sue happy. I don't believe he can sue you over a bridge, especially if it has been there over 12 years... Your neighbor needs to move far far away or relax. Good luck with both (your neighbor and his little lawsuits)!
2007-05-01 12:48:42 · answer #5 · answered by vtskigirl417 2 · 0⤊ 0⤋
They're not the same thing, and yes they can. Most areas have noise ordinances (no loud noises after 9PM or something). As long as you're not making noise during a quiet time, you're not breaking any laws.
2007-05-01 12:47:09 · answer #6 · answered by Moral Orel 6 · 1⤊ 0⤋
I would talk with a lawyer if I were you. He can keep making up reasons to sue you if he wants. However he can be counter sued. I would imagine that it would be something like filing frivolous lawsuits or perhaps even harrasment. But I'm not a lawyer. Talk to one.
2007-05-01 12:48:48 · answer #7 · answered by Louis G 6 · 0⤊ 0⤋
Even though hes basing it, im assuming, on noise. it isn't the same thing. different issues, different lawsuit. however you may very well have a good "counter claim"
You need to get an attorney.
2007-05-01 12:51:33 · answer #8 · answered by GurluvGod 2 · 0⤊ 0⤋
I dont think he'll even get to court if its been there for 12 years. See if you can get him declared a 'vexacious litigant' which means he has to get court permission (not granted lightly) before he can sue anyone
2007-05-01 16:33:29 · answer #9 · answered by vdv_desantnik 6 · 0⤊ 0⤋
Anyone can sue you for anything whenever and as often as they want. Whether they can win or not is a different matter. You could sue them for harrassment.
2007-05-01 12:47:32 · answer #10 · answered by Moondog 7 · 2⤊ 0⤋