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What does State of Indiana's " disturbing the peace" law say ? ans would it apply to the race track making noise? Any other Indiana cases putting noise restrictions on race tracks etc?
Your talking about the race track being a "nuisance".
I need to explain what this is to you.
Nuisance (also spelled nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private.
Private nuisance is the interference with the right of specific people. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed.
Persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
Legally, the term nuisance is traditionally used in three ways:
The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)
A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.
A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.
To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.
Now, as to your quesiton, it would very much seem that you have a cause of action here because everyone you have talked to bounced it on to someone else. Too, that it isn't a gov't. run race track - some county or municipality run race track - it it was you would most surely lose any legal battle trying to limit it's activities.
However, since this would seem to be a private company operating the race track - you and the other owners could file suit in the matter and request injunctive relief. That injuctive relief potentially would spell out hours in which they could operate to alleviate everyone.
Your going to need to come up with a plan and local zoning ordinances as to breaking the peace times - ie. after 10:00pm or 11:00 pm at night they have to cease and desist operations for example.
After you file for an injunction - the judge will hold a heairing on the matter. Given that I'm sure the race track will vigorously oppose your request for an injuction - that it's a taking and a loss of profits.
Usually race tracks come under the local zoning ordinances and they have to abide by such. Clearly your municipal officers aren't doing their job so you have to do it for them.
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