Legal Question in Civil Litigation in California

We own rental property next to a private school. A few years ago they started a summer camp, that at times is more like a boot camp then a summer camp for kids. We have teachers and grad students that are home during the day and are affected by this noise. Also we live close by and are disturbed by it as are the other neighbors. We have all written letters to the school and the city manager and police with no relief.

We have complained about the noise over and over with no results. Even asking them to move their chants and yelling ( by the councelors, not the kids) to another part of the property that would not bother anyone.

The police suggested we get the indisputible evidence with video, audio, with date and time stamp. So we went to the expense of installing cameras with audio capabilities to get the information.

The school responded with sending the police to us to have them removed, I have done research and found that there is nothing illegal about having the cameras where they are on our property, so we refused as they also help with security for the apartment building.

The school responded by hanging large banners between the trees on that end of the building. If we moced our cameras they moved the banners, reaching to between 12 and 15 ft above the ground. They also have placed boards trying to block our cameras. This has block the view, air flow and quality of life in the end apartment. We have had one couple move out, and had to rent to students from the near by university in order to rent that unit.

My question is about the Spite Fence Statute 841.1 ( I beleive) , does it pertain to this situation?


Asked on 6/13/12, 11:28 am

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Yes, probably. You may also have a lawsuit for nuisance.

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Answered on 6/13/12, 11:35 am


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