Legal Question in Civil Rights Law in Florida

Neighbors disturbing the peace

For the past year my neighbors have been running a motorcross track in their front yard. The county zoning office stated that what they were doing was a code violation, but the activity has not stopped. The noise is deafening. I have tried to appeal to these people to put a time limit on the activity, to no avail. The noise is so bad that I have to wear ear pluggs to go out side. My quality of life has evaporated. Now they have taken to harrassing me with loud music, tailing me to work, phone calls, and shooting at my residence. The sherriffs department will do nothing. The other neighbors live in fear. All the county offices I have contacted keep passing the buck. Mean while these people continue operate what is legally called an ''attractive nusiance.'' Please help! Just because I live in Volusia County and not a city, does it mean I don't have any rights?!


Asked on 2/18/02, 12:47 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Neighbors disturbing the peace

I would suggest you hire an attorney and file a nuisance lawsuit against them. Most attorneys will take this kind of case on contingency. Consult your local bar association.

I would also make a visit to the office of the Prosecuting Attorney and set up an appointment to see him. Then I would suggest that you haven't gotten anywhere with the Sheriff, and you want the Prosecutor to do what needs to be done to bring the activity to a halt, otherwise it will be necessary for you to go seek out some help from the local media. Prosecutors who need to be re-elected don't need unfavorable publicity. I would imagine you'd get some action then.

Whatever you do, do not take the law into your own hands.

Good luck.

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Answered on 2/18/02, 1:02 pm


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