I have a fast food restaurant behind my home. I was here before they built it. I thought it was cool at first, but the restaurant brought a lot of noise, garbage, and other problems with it. I tried going to the local govenment with no luck. Does anyone have the same issue?
2007-09-30 05:16:29 · 6 answers · asked by stressed dude 2 in Politics & Government ➔ Law & Ethics
I spoke to the assistant city manager and mayor. They told me there is nothing they can do for me. The fast food restaurant ( Wendy's ) actually have deliveries after midnight which is against the city policy. The policy also states the noise they would produce would not be louder than 26 decibels. Funny thing is a conversation is like 35 decibels.
2007-10-02 16:19:50 · update #1
Have you really exhausted your “local government” options? Did you do more than ask a receptionist? Did you speak to a city attorney about options? Did you contact a counsel representative? Is there a neighbor to neighbor dispute resolution program you can use?
Hiring a lawyer gets expensive fast, granted sometimes it is the best if not only option. My guess is the most accurate answer is going to be, “The type of lawyer that you pay.” Often people assume that they have a “right to an attorney.” You do have a right to an attorney, but only in the criminal arena. You are not facing criminal charges, you are looking to bring civil claims. As such, you will need to hire a private attorney and likely pay a lot of money. Likely thousands, though the actual and final costs is almost impossible to estimate based on the information you provide. The attorney will research the matter and consider options such as:
1) Violations of local ordinances regarding noise, traffic, garbage, etc.
2) Whether there is an improper incursion onto your property by the offender.
3) Tort claims for noise, nuisance, trespass.
It may be that you will hire the attorney and the attorney will negotiate with the offending neighbor to pay for all or part of an ameliorating fence to block noise. They may alter their conduct slightly in accommodation of your needs.
But it may be that you own property with an adjacent lot zoned to permit the conduct to which you object and they are entirely within their rights to do what they are doing. In which case, your best and only option would be to become politically active and work to change the law.
2007-09-30 06:39:35 · answer #1 · answered by inog 2 · 0⤊ 0⤋
When you say you contacted the local government with no luck did you include your city elected representative - I ask because thats your last line of help from a local government. If you were ignored by that person you need more complaining parties then yourself.
Before you spend a dime on a lawyer you are going to need evidence, hard evidence, and not simply that there is some noise and trash because those two things might annoy you but might not be against any laws or municipal codes. A lawyer (and city for that matter) need hard evidence of code violations.
What I would do is take some digital pictures and send them to the corporate office for the fast food chain with your complaint. I don't know which chain it is but many of them take being good neighbors seriously.
2007-09-30 05:21:00 · answer #2 · answered by netjr 6 · 0⤊ 0⤋
That would be a "tort lawyer". Just go talk to a few attorneys. Look in your phone book for firms that do "personal injury". This is a VERY normal problem, and you aren't likely to get anywhere.
2007-09-30 06:15:17 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
Have you tried putting in a privacy fence and some tall ever green trees (like Leland Cyprus) around your property. It won't get rid of it - but may make it not as bad.
2007-09-30 06:14:02 · answer #4 · answered by Boots 7 · 0⤊ 0⤋
you would need a civil litigation lawyer
2007-09-30 05:25:07 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
there is nothing you can do about it,.....but live with it,.....
2007-09-30 05:19:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋