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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What can I do legally after 6 months of ongoing noise from

Customer Question

What can I do legally after 6 months of ongoing noise from a newspaper delivery waking me up during the early am hours. I am now having medical problems due to sleep deprivation which is getting worse and affecting my daily life. Several nearby neighborhoods are having the same problem, I have kept a log of all communication with police and newspaper and would like to file a civil case. The police, newspaper and residents cannot find a resolution after 6 months.
Please help me I don't want to get a heart attack over the issue.!
Thank you for any assistance you can provide.
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. There are two things that can be done. CALLING THE AUTHORITIESThe noise ordinances for Charlotte, NC can be found HERE. If you believe that they are violated, someone in your situation can call the police and file a complaint. The business can be fined, and this would often conclude the matter. INITIATING A CIVIL SUITAnother option is to initiate a civil suit for nuisance. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one. "An invasion of another's interest in the use and enjoyment of land is intentional in the law of private nuisance when the person whose conduct is in question as a basis for liability acts for the purpose of causing it, or knows that it is resulting from his conduct, or knows that it is substantially certain to result from his conduct." Morgan v. High Penn Oil Co., 77 SE 2d 682 - NC: Supreme Court 1953 citing 2nd Restatement. The judgment can carry with it an injunction, damages, and attorney fees. Often a letter threatening a lawsiot may be enough without even having to file a lawsuit. Let me know if you need a sample letter, although using counsel is best. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.