When a town sanctioned activity becomes a nuisance, what recourse do I have?

The town I live in has multiple little league fields in the middle of a neighborhood. There is less then adequate parking, the overflow parking lines the streets making navigating difficult. Parents unload their children and

equipment in the center of a 4-way intersection. That coupled with the free-for-all parking makes it dangerous. These activities have become so bad that we are considering moving. We love our home and don’t want to have to move but we simply cannot enjoy our property because of the nuisance. What legal recourse do we have?

Asked on September 18, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a practical matter, there is little or nothing you can do if the town itself will not enforce the parking and traffic safety laws. Clearly, they could, if they chose: what you describe violates any number of traffic laws and the town could giving out moving violations for unloading passengers in the middle of an intersection (reckless or careless driving, for example) and could ticket anyone parking illegally. But if the town police refuse to do this, there is no other agency to enforce those laws locally. All you could do is try to exert political pressure (e.g. try to elect candidates to town council who will take the laws more seriously).


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