If there is factory running loud machinery from 12 am until 4 pm the following day about 50 ft from my house, is there anything I can do legally to stop this?

Get Legal Help Today

 Secured with SHA-256 Encryption

If there is factory running loud machinery from 12 am until 4 pm the following day about 50 ft from my house, is there anything I can do legally to stop this?

They just installed this machine a few months ago with no sound barrier and the neighborhood is losing sleep because of it. I woke up at exactly 12 midnight when this machine turned on the last few nights. Not sure exactly what the decibel levels are but it is high and we have a noise ordinance in town for 11pm. I called the local police and was told that the factory has a license or permit to run this machinery late at night.

Asked on January 28, 2016 under Real Estate Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the company for nuisance which is unreasonable interference with the use or enjoyment of your property.
Damages (monetary compensation for nuisance) may be an inadequate remedy due to multiplicity of suits due to the ongoing loud machinery and because land is unique..  Therefore, you should seek an injunction to halt the noise.  The court will balance the benefits and burdens to both parties in determining whether to grant an injunction.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption