Legal Question in Real Estate Law in California
Land Use/Privacy
I live next to Mr. Christmas, His lighting display and syncronized music attracts several hundreds of visitors every evening for the month of December. I have sought relief from the City on the basis of a public nuisance, public entertainment in a residential neighborhood, land use inconsistent with city code and the general plan, traffic, noise, and the loss of my domicile for its intended purpose. The city went so far as to draft an emergency ordinance but backed down and declared it a ''private dispute''. What is my recourse against the city to enforce or enact an ordinance to protect my right to peace and quiet? What is my recourse against my neighbor?
1 Answer from Attorneys
Re: Land Use/Privacy
Well, I think the City has expressed its unwillingness to take up the cudgels on your behalf, so short of action via the ballt box at the next election, I think you're stuck with treating it as a private matter. If you can't negotiate a truce, and it's worth the hassle and expense, you can try a lawsuit for private nuisance. Since it is a seasonal matter, you and your attorney will need to discuss gathering of evidence and how to establish that it is likely to recur and thus not a moot question when the suit is filed on, say, February 1st.
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