I have a daughter that is profoundly autistic.The village I live in issued a special use permit to a large wind company who had said they would run 5 days per week 10 hours per day but are now working 6 days 12-14 hours. All of the in and out traffic and noise are disturbing my child greatly. Is there anything I can do? I called to complain but no call back yet. I want them to stick with the days and hours they said they would or compensate us for the issues.
Optional Information: State/Country relating to question: Michigan Already Tried: Village zoning meeting. Called today to complain to the main office and am expecting a call back Monday.
Hi, my name is XXXX XXX I will be the attorney assisting you.
Have you tried contacting the wind company directly?
I spoke with their representative at the zoning meeting taht was when she promised limited hours and days.
I also placed a call to the corporate complaint line today. I am expecting a call back Monday.
What would you like to happen now?
I would like them to limit their hours to what they stated or compensate us for loss of quiet enjoyment.
And the offer of compensation was already offered?
There are signs on my street that say "Disabled child area" they knew from the beginning it was an issue.
They have never offered us anything. The man that owned the property receives $12,000 per month for his leasing the land to them and he lives 200 miles away.
Ok. One minute please. I need to look up something.
My daughter has documented sensory integration disorder, louds sounds are extremely upsetting to her.
http://www.lawserver.com/law/state/michigan/mi-laws/michigan_laws_600-2940
For your reference, here is a link to the MI nuisance statute.
The village government can enforce the permit operation limits. You can sue the company in civil court.
I have seen this and yet am not sure if I should start with a letter to the company or if they would even be willing to work with me.
Asking for an injunction does not require notice. But giving notice would be a good idea if you plan on sueing for damges.
Are there any buzz words that I could include in my letter to them that would make them realize i am serious? Having a special needs child leaves us unable to afford to spend thousands on an attorney.
No special words. Just that you will go to court if they dont comply.
O.K. Thanks so much. I really am hoping to get this resolved as it is going to be a long year and I strongly suspect that they will not be cutting their hours.
No problem.
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