Legal Question in Civil Litigation in California

nite club zoning

San Francisco has placed a disco niteclub across from my live/work loft, slated to open within a month. I saw no notice for this or received any information that this was about to occurr, except last night when the sound system was tuned up and violently shook my premises for hours.Apparently they have the necessary permits and the area is not protected by noise ordinances. What recourse if any do I have to stop or delay this catstrophe.


Asked on 3/13/03, 10:56 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: nite club zoning

zoning is a major consideration in determining your legal rights in respect to the "noise levels" the niteclub is disturbing your right to quiet enjoyment of your own home. however, it is not the only consideration, as the courts would balance your right to quiet enjoyment with the niteclub's right to run a business that is appropriately zoned. you may not be able to get injunctive relief in this situation, but you still may be entitled to monetary damages that have been actually and proximately caused by "this nuisance". if you would like further legal assistance in this matter, feel free to email me to help protect your rights and/or assess what you may be entitled to remedy wise.

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Answered on 3/13/03, 11:21 pm


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