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?

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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 8 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.


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