Legal Question in Civil Rights Law in New Jersey

Being Harassed by Neighbor

My neighbor's husband is an attorney. He is the former partner of the attorney representing the township. My neighbor has appealed variances that I have applied for, and continues to harass me and my family. She has now put pressure on the local code enforcment officer to serve me with summons. She has called the tax assessor repeatedly to tell them to be sure to tax me an all of my home improvments. During construction at my home, she called the building inspector's office every day to make comments and complain. She has even tried to stir up trouble between my brother and his neighbors simply because she does not like me. She feels that she can do anything she wants because her husband is an attorney and has influence in the town. Many TOwnship employees have told us she is unrerasonable and vendictive, however she keeps harassing us. Everyone hears the stories, and can't believe the lengths this woman is going to just to be vendictive, because she didn't get her way, and they tell me that I should sue her for ''harassment''. Do I have a case? and how do I do this so that it doesn't cost me a fortune in legal fees? Don't forget, she gets free legal services.


Asked on 11/08/04, 2:29 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Being Harassed by Neighbor

First, if she is directly harassing you, i.e. by telephone calls, direct contact with you, or coming onto your property, you should tell her to stop, and if it continues, you may be able to file criminal or civil charges against her.

Second, the First Amendment allows all citizens to petition the government with their grievances. Thus, she is allowed to present complaints to various governmental bodies.

Third, however, she is not allowed to deliberately engage in defamatory conduct, although there may be some degree of immunity if the conduct is in connection with a complaint to a governmental agency.

It sounds like what you are saying is that you feel she is engaging in defamatory conduct. If so, you need to retain an attorney to file the appropriate civil complaint. You may have other causes of action, which are not clear from your question.

Whether or not she is or is not getting "free legal services" has absolutely no bearing on your own legal fees. If you want to hire an attorney, you must reach an agreement with that attorney to pay fees which is acceptable to the both of you. That may indeed cost you a great deal of money.

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Answered on 11/22/04, 10:23 am


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