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Lucy, Esq.
Lucy, Esq., Attorney
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My Next door neighbor, in a very thickly settled neighborhood,

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My Next door neighbor, in a very thickly settled neighborhood, parks his landscape company trucks in his driveway. The edge of his driveway is only 6 FEET away from my house where my and my daughter's bedroom windows are. Zoning laws require business vehicles to park away from residential properties/neighborhoods. 1.5 years ago I complained to the zoning department in my town about it and they did an "investigation", which caused my neighbor to park his truck elsewhere for about 1 month. He then bought a new landscape truck which he parked next door. So, last november, I complained again to the same town representative, who did another "investigation" and asked me to submit pictures of the truck in neighbors driveway with dates and times on the pics, so I did. I sent an email to town representative with 6 pictures attached. After he "investigated"(got paid off), the town rep. said that he spoke with my neighbor who stated that he does not park his trucks next door. However, on a beautiful day like today, the truck sits in his driveway). After investigation town rep. recommended I call the police next time they use generators, power-washers etc.next door. On the most recent holiday(Monday), my neighbor used a power washer to wash his truck in his driveway. my house was soaked, my elderly Mother came to visit and got soaked. I didn't want to call the police while I had visitors(scene) only to have the same outcome. Do you have any ideas?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If he actually sprayed your mother with a power soaker, that's battery. She could sue him for damages. Battery is any harmful or offensive touching. If he either directed it intentionally at her or intentionally used it knowing that she would likely get wet as a result, she can bring a claim against him in Small Claims Court.

If this happens again, you can call the police tor report it immediately. Technically, directing a power washer into your yard is a trespass. If there is any damage to your property as a result, you could also bring suit requiring him to pay to repair the damage. Because trespass is an intentional tort, the judge could also order him to pay nominal damages if there was no physical damage, but that's usually $1 or so. That may not be enough to dissuade him from behaving in this manner in the future.

If the trucks are coming and going at times early in the morning or late at night and waking you, that could constitute a private nuisance. A private nuisance claim could be brought in the district court, rather than the small claims division, and you may be able to get a judge to order him to park the truck elsewhere (especially since it's a zoning violation to park it there). If he violates the judge's order, he could be fined or jailed for contempt of court.

There unfortunately isn't any way to force the town to investigate. The only thing you can do is continue to create a record, including making sure that pictures show the license plate or any other identifying information in addition to the address or front of the house, so it's clear where the truck is parked.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20115
Experience: Lawyer
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