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I am only licensed to practice law in Ohio so my suggestions below are general only. You should consult with an attorney licensed in Arkansas to obtain official legal advice on this matter. That being said, please consider the following.
Ohio has a general nuisance statute at Ohio Revised Code Chapter 3767. First, it defines what a nuisance is (3767.01), prohibits persons from causing a nuisance (3767.02), then allows for government officials or the persons affected by nuisances to file a lawsuit seeking a Court injunction against the nuisance (3767.03). However, the person who files such a lawsuit must post a bond to cover the defendant's damages in case the Court decides in favor of the defendant.
You should find out whether Arkansas has a similar nuisance abatement statute.
Nuisances can be based on excessive odors or noise, but such cases are difficult to win. Plaintiff has the burden of proving that defendant's use of his/her property is an unreasonable infringement on the neighbor's use of his/her property. It is a balancing act for the Court. The best way to prove such an infringement is for the plaintiff to show actual health effects or a diminution in property value.
The negative health effects of excessive noise are not universally accepted at this point in time. However, in the course of permitting wind turbine projects across the country, evidence of negative health effects related to high and low frequency noise is being developed. You might be able use that same evidence to support your case.
To prevail on a claim for damages based on diminution in property value, you will need to show that the offensive noise is the sole or substantial cause of the diminution. That will require a professional appraisal that considers and discounts other potential causes.
The best way to limit your legal costs in bringing such an action is to convince a governmental entity to file the injunction action. If that cannot be accomplished, consider organizing a group of similarly situated property owners to share those costs.
Good luck....
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I am only licensed to practice law in Ohio so my suggestions below are general only. You should consult with an attorney licensed in...
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