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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I reside in a community where a farm grain dryer facility

Customer Question

I reside in a community where a farm grain dryer facility was allowed to operate without consulting with the residents in a non industrial zoned area, and which has been cited by Arkansas Department of Environmental Quality (ADEQ) for violation of federal regulatory codes and permit requirements. This community has an existing nuisance ordinance which local chief administrator has refused to enforce. What complaint form(s) are required to filing a complaint against local administration for their negligence, and the violating facility for their neglect?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. See HERE (warning, instead download). In order to enforce zoning ordinances and to force a state agency to "do its job," a concerned party may file a Writ of Mandamus in Court. Although the link is for NC, it discusses general principles applicable to AR as well. The reason why I used an NC link is because it closely mirrored the situation you outlined.

So what is needed is a LAWSUIT under a Writ of Mandamus. It is not as simple as filling out a form - this is a very involved procedure. It is recommended to use counsel if possible. You can find a sample of the writ in almost any local law library, free of charge. I know you were hoping for a "quick" solution, but in these kinds of matters, the proper process is the Writ which is a little more involved.

Good luck.

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Expert:  Ely replied 2 years ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!