Legal Question in Real Estate Law in California

Can Little League field build bleachers next to my fence

10 years ago we moved next to a little league field. At that time it was a pretty small operation and they didn't bother us. Now they have games 7 days a week all day long with loudspeakers, loud parties with fireworks and they have built bleachers a few feet from my fence. What can I do?


Asked on 4/14/08, 1:01 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Can Little League field build bleachers next to my fence

YOu can bring an action to abate an nuisance.

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Answered on 4/16/08, 2:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can Little League field build bleachers next to my fence

The first thing that comes to mind is "private nuisance" and I suggest you talk to a local attorney regarding possible suit on that theory. I strongly recommend trying to negotiate a deal before actually commencing suit, however.

This could be effective against loud noise, late hours, illegal fireworks, etc., but maybe is not an effective remedy regarding the bleachers. As to them, I'd inquire at the building department with authority for your area whether they are a "structure" that requires a set-back from the lot line, and whether they are adequately set back.

You didn't say whether this is a public park or a private operation. Dealing with governmental bodies does require a few additional steps before filing suit. Ask any lawyer you hire whether he or she has experience with the government tort-claims act and give preference to one who knows what this is all about. You can fight City Hall, but you have to know the rules.

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Answered on 4/14/08, 1:57 pm


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