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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41006
Experience:  Texas Attorney for 30 years dealing in real estate
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A fireworks store is just opening in an R2 zone in Maine.

Customer Question

A fireworks store is just opening in an R2 zone in Maine. They have broken almost every ordinance regarding destruction of existing tree buffers, putting in a doublewide rather than a modular, stripping the property of all vegetation. In so doing they have completely destroyed my distant private view of the ocean and totally exposed my property to the noise and lights of Route 1 - that privacy created by the tree buffers that was to remain intact by ordinance was the major reason I purchased my property.My property value has gone way down. Every single abutter and neighbor opposed the fireworks store but it was approved anyway. I have put about $8,000.00 into putting up 330' of fencing and planting 350-400 vines and trees in an effort to create my own buffer but that will take some years to grow. I have been renting my place on Airbnb as an "antique cape on 14 private acres with ocean view" and now that is gone.They plan to open this weekend and by law must have 2,000,000 in insurance. Can I sue them and the Town for my loss due to disregard of Town Ordinances and their being noncompliant with their own application? If so, how do I locate a good lawyer in Maine who can help me out with this?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.Here you can file a civil suit claiming it is apublic nuisance and in violation of the zoning laws.In addition to damages such as loss of value, nuisance, etc you can seek legal fees, court costs, and permanent injunction.

You always have a right to pursue this through the courts even if the town/city fails to act.There is certainly a cause of action for you to personally seek damages and the injunction as well claiming it is a public nuisance.You may also get other neighbors to join you as well.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Carolyn here is reference to nuisance law that you can pursue this matter in the courts as well as injunction to shut them down..

Expert:  Ray replied 2 years ago.
Carolyn you may want to start with a demand letter threatening a damages suit unles they abandon the premises.Certainly you can claim reduction of property values and infringement of your rights to peaceful use of property.Also the lack of proper zoning, insurance, etc supports any demand or suit you would file against them.

I am so sorry you have had to deal with this.I know it is frustrating here for your whole neighborhood.

Thanks again.

JA will email you our chat when you positive rate for your files.

Lawyer for you here.

Carolyn I appreciate the chance to help you today.It has been my pleasure to do so.
Expert:  Ray replied 2 years ago.
You can file a consumer complaint with the AG here.

They can investigate and they may shut them down and fine them.