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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7404
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We are victims of losing our homes value due to an

Customer Question

We are victims of losing our homes value due to an industrial factory being built just a stones throw from our swimming pool. The town allowed a train rail to be put in directly next to our swimming pool and huge chemical tanks and loud noise 24/7. We paid $485,000 for our home. There was no use for a Manufacturing plant at that time. An advocate recommended we use this site. Thanks
Marianne Flannery *****
Montgomery, NY 12549
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

You mention a noise ordinance. Didn't the new plant have to obtain county approval to build where it did? How did they get approval to build so close to you? Is your home among other homes in a neighborhood setting, or situated by itself on rural acreage.

Customer: replied 1 year ago.
They received approval because they lied and said there was no noise issues. I repeatedly expressed our concerns and they continue to knock it down saying there was no such thing. Our town noise ordinance is still in effect and they are still clearly violating it. The attached video will give you an idea. All my complaints at the town board meeting all were considered not important and things that could easily be resolved I believe that before I walked into that meeting their mind was already made up that they were going to approve this factory. Here is a video attached listen to the background noise I had to keep it quick because of the file size. I took the video from my back door. Thanks
Expert:  Irwin Law replied 1 year ago.

Hello Marianne: What I was asking is whether or not your town or county had any kind of zoning regulations in force. Apparently not, and your town permits anything to be built anywhere. Your facts seem to fall into the legal category of "private nuisance". New York State law recognizes this doctrine. A private nuisance is the creation or maintenance of a condition on one property that causes a compensable injury to something or someone on another property. In other words, a private nuisance is interference with the use or enjoyment of land that causes an injury in relation to an ownership right in the land. This definition comes from this article on the subject.

You should consult a local attorney about filing an action against the factory owner seeking an injunction or some court ordered remedy for the noise problem. BTW, your video was not attached, but I'll take your word for it that it may be bad enough to warrant legal action against the factory owner.

I hope that this information is helpful and that you will now enter a positive rating. Thanks for using JUST ANSWER.