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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 972
Experience:  JD with Distinction, Admitted to practice in California
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I'm wondering about suing the factory near me which has

Customer Question

I'm wondering about suing the factory near me which has recently increased it's noise volume to a very loud decibel at night with a high pitched whining noise.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I'm a home owner and I feel this has decreased the value of my home.
Submitted: 4 months ago.
Category: Legal
Expert:  David C. Garner replied 4 months ago.

Hello,

I will try and help. Can you describe for me a little more what is happening and how it affects you?

Thanks!!

DCG

Customer: replied 4 months ago.
I bought a house 6 years ago. It's in view of a factory that makes bio organic materials like turning corn to biodiesel. There are not any bad fumes and it's always been quiet. About 2 blocks away. But the past few months it is now making a very loud noise that goes on for hours and often in the middle of the night. It looks like they installed a new vent on the side of the factory that vents steam, I think. It makes a really high pitched whining noise that is really loud. We can't sleep with the windows open anymore. I'm sure it's going to lower the value of my home. It doesn't seem fair that they can do this to the neighborhood. I feel like over time this can't be good for our hearing either. Is there anything the neighborhood can do?
Expert:  David C. Garner replied 4 months ago.

Hello,

Yes. What you are talking about is a public nuisance. Here is an article about it: http://articles.chicagotribune.com/1997-08-09/news/9708090172_1_noisy-airport-private-nuisance-public-nuisance

Its not always easy to clear these things up, but it can be done. I would suggest first talking to your neighbors, and any municipal authorities in your town. After that, if you and a lot of other neighbors are affected, try talking with an attorney.

I hope this helps.

DCG

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