Question about right to quiet enjoyment in Wisconsin
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Question about right to quiet enjoyment in Wisconsin
Question about right to quiet enjoyment in
Wisconsin
I own a property in a semi rural setting. The
town we live in is proposing to build an EMS
station directly in front of my house, no more
than 50 yards away. Ambulances would be
coming and going all hours of the night. Would
I be able to reasonably build a case that this
violates my right to quiet enjoyment?
Asked on March 31, 2019 under Real Estate Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The right to quiet enjoyment is applicable to a landlord/ tenant situation in which the tenant can not be disturbed in his/ her use or enjoyment of the premises.
Since you are the owner of the property, your claim would be nuisance, which is an unreasonable interference with the use or enjoyment of your property.
Damages ( monetary compensation) in a lawsuit for nuisance are an inadequate remedy due to multiplicity of lawsuits for the continual noise of ambulances. Damages are also inadequate because land is unique.
When damages are inadequate, your remedy is an injunction to stop the construction of the EMS station in front of your house.
A court will balance your right to the use and enjoyment of your property versus the city's interest in public safety to have the EMS station at that location. You should argue that the city's interest in public safety can be met by the EMS station being at a different location.
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