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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29814
Experience:  Lawyer
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At&t is running construction equipment 10 ft. away from my

Customer Question

at&t is running construction equipment 10 ft. away from my bedroom window from 12:01am until 6:00am. they plan to keep doing this for 3-6 more weeks. they have given me several reasons why they are doing this at this hour blaming the FCC the CPU and both the cities of NORTH RICHLAND HILLS and WATAUGA, i contacted them all at several levels and found that everything att said is a lie. the truth is that rufe snow dr is being widened and NRH asked att to move two manholes, instead att decided to rework the entire communications network of north america while they were at it. now they are way behind and delaying the entire project. i have talked several times to both city managers, and others at city halls and several att employees and while all are sympathetic and said they are doing all they can and are very hopeful of some kind of resolution the noise continues ALL NIGHT. i have asked to be put up in a nearby residence inn for $79.00 a night until they finish, all they did was laugh at me because that would add over $2,000.00 to their multi-million dollar project, then i told them they could buy me a laptop w/headphones for less than a thousand and i would use it now and anytime in the future when they wanted to work. they told me they would work any time and make as much noise as they needed to and it did not worry them if it bothered me or not that there was nothing i could do about it. is this true? is there nothing i can do about this? there is and has been a lot of construction noise off and on for years on this road and i have never complained once because it's done during daytime hours but this is different. is there anyway i can force att to move me until they complete this job? thank you, al xxxx***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi Rich,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Texas does recognize a cause of action for private nuisance, which is what happens when someone engages in a course of conduct that interferes with the use and enjoyment of your land. Creating such noise that it is impossible to sleep for a several week period could be considered a private nuisance. However, you also have to show legal damage, which is something more than frustration. One way to do that is if they're causing any actual damage to your property. The other is to allege that you've suffered physical or emotional harm - that could require evidence that you've developed anxiety, a loss of peace of mind, and that the loss of sleep is causing you emotional injury (if it affects your ability to do your job, you can tell them that to).

It is possible to request an injunction when you file, asking a judge to order them to cease paying until they've put you up in a hotel. However, because you could go to a hotel on your own and then sue for reimbursement of the room (or you could buy a noise machine or noise cancelling headphones to dull the noise and sue for a refund), the judge may not order them to cease work. Usually, to get an injunction, you have to show that you're being harmed beyond repair - if they could repay you, then your harm can be repaired. Still, you can let them know that you're planning to file a lawsuit and give them one last chance to work with you. Talking to the construction supervisor isn't going to get you very far. He's probably not authorized to negotiate with you even if he wanted to, and his #1 priority is to get the job done. See if you can find someone to talk to in the company's legal department. They're much more likely to negotiate.

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