Thank you for your patience;
apparently your response notification to me was delayed. I begin to research this as soon as I received notification of your response.
The elements of a nuisance claim of action, which is based on tort common law, is as follows:
1. Plaintiff engaged in an activity;
2. which unreasonably interfered with plaintiff’s use and enjoyment of their home and
3. the interference was so serious that plaintiff should not be expected to bear it without compensation.
Since it is a common law tort, this means that there is no statute- rather past precedence prohibits such conduct. So basically, the affected homeowner would typically first send a cease and desist letter, and if that was ineffective the next step is to file a lawsuit, alleging a nuisance, and requesting 4 things:
1. damages suffered that are economic (ie any air filters, for example, to help mitigate damages)
2. special damages, such as punitive damages, designed to punish the defendant and others from similar activities. The more offensive the act, the higher the damages. So evidence such as pictures and witnesses, and even a local inspector's report (ie air quality) would be helpful
3. attorney fees and costs
4. an injunction- precluding the defendant from engaging in similar action in the future.
It may be worthwhile to contact the fire department to see if it poses a fire hazard and violates any fire laws.
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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.