QUESTION
Do I have a case for breach of oral contract?
Asked on Feb 25th, 2013 on Landlord and Tenant Law - Massachusetts
More details to this question:
Area residents had an agreement with a church that they would not conduct evening weekday services in exchange for no limits on Sunday noise and parking and the right to hold a one week revival in July. After agreement in June of 2012, and after 7 months of no evening services they have started again. When I asked them about honoring the agreement I basically got the finger. When the agreement was reached I had contacted numerous city agencies letting them know the problem had been resolved, so I have an audit trail. Also there are other witnesses to the discussions about the agreement. Thank you for your time.
1 ANSWER
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Assuming that this agreement was not part of any zoning or other permitting, your only recourse would be with respect to local noise ordinances. If they are interfering with the quiet enjoyment of surrounding residents, the city should be citing them. Lacking that, you may have no recourse but to go to court and enjoin this conduct.
Answered on Feb 27th, 2013 at 6:54 PM