QUESTION

can I sue my neighbor for running his refrigerated tractor trailer on a residentially zoned property?

Asked on Jan 14th, 2017 on Real Estate - New York
More details to this question:
Trailer kicks on and off constantly vibrating my home at all hours of the day and night! The property is not zoned for commercial use and they do not have a special use permit! I believe this devalues my property as well as prevents me from enjoying my porch due to the noise. The trailers are 20 feet from my property line, and 80 feet from my bedroom window! I have called the cops and was told they could do nothing, and the town is dragging its feet on enforcement! I'm at my wits end and get annoyed and angry every time this guy comes home! Do I have a case for punitive damages because I believe this guy will only get it after a hit to the wallet!
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
While you technically can sue, your damages are speculative, and therefore hard to collect.  A better route would be the town public safety department, as this likely violates ordinances in town.
Answered on Jan 15th, 2017 at 7:26 AM

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