Legal Question in Environmental Law in Florida

neighbor has put in motor cross trac

We live in a neighborhood with 2.5 acre zoing (res estate) ; a few people are aricultural. A ten acre plot which had a home and a plant nursery on it was sold to a man who has put in a motor cross track in the property. The noise and dust are making it impossible for those of us who border his land to enjoy our yards, or to open our windows. The code inspector says the guy is not breaking the law. What can we do? We are thinking of getting a group and going to the county commission, and if no relief perhaps trying to sue? Any advice is appreciated.


Asked on 9/20/07, 7:16 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: neighbor has put in motor cross trac

You have a potential cause of action for (1) nuissance; and (2) injunctive relief to abate the nuissance. A "nuissance" is an activity which arises from unreasonable unwarranted or unlawful use by a person of his own property, obstructing or injuring the rights of another and producing annoyance, inconvenience and disciomfort.

Good luck,

Randall Gilbert

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Answered on 9/20/07, 7:24 pm


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