Legal Question in Real Estate Law in California
A local winery was given a permit to have concerts. As a property owner nearby I find this very disturbing to my peace and quiet. Is there anything I can do to stop this practice?
2 Answers from Attorneys
Depending on other facts, you may be able to sue for nuisance. A lot of answering your question depends on when the concert occurs, what kind of concert it is, how loud it is, whether the area you are in is subject to a noise ordinance, etc.
Roach is wrong, unless the concerts violate the permit or fail to comply with the terms of the permit application. There is a presumption that permitted activities are per se not nuisances. Your opportunity to stop this, if you can, is at the permit process. Allowing a permit to be issued and then objecting after the fact is not impossible, but it put's you two down in the bottom of the nineth. You're only hope at that point is that the permit was issued in violation of CEQA or some other legal requirement.