Legal Question in Environmental Law in Illinois

Outdoor Wood Boiler

The nightmare began on the weekend of Halloween in 2006. My neighbor installed a OWB about 30 feet from my house, and in retrospect has managed to smoke me out of my home, damage my property (as I have a white house), and simply force my wife and I to live uncomfortably. We have zero luck with our local and county government and our branch of the EPA refuses to acknowledge our case. In your legal opinion can we seek legal action under ''entitlement to quiet enjoyment'' and seek damages in civil law for the damage done to my property? Additionally, there is a piece of IL Compiled Statute that is called the ''Environmental Protection Act'' which seems to not be at all adressed in this issue. Also there is an existing ordinance on the village code or ordinances dealing with a nuisance ordinance of ''noxious odors'' My village government refuses to enforce this ordinance. What options do I have ? In other words I cannot get anyone at any level of government to listen to me. from the local government all the way to the federal level. Thanks in advance.


Asked on 3/06/07, 11:49 pm

2 Answers from Attorneys
Steven Pollack Law office of Steven B. Pollack

Re: Outdoor Wood Boiler

The burning of wood does not appear to violate environmental laws. Thus the lack of EPA interest and lack of mention in the Illinois Compiled Statutes.

You mentioned that the local ordinances are not being enforced as to nuisance. That is probably discretionary and not subject to challenge.

What you may be able to do, and I can work on this if you like, is to file a lawsuit claiming a nuisance from your neighbor. It may be sufficient to do preliminary research on the Illinois case law for this area and send a cease and desist letter to the neighbor.

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Answered on 3/07/07, 12:06 am
Shell Bleiweiss Law Offices of Shell J. Bleiweiss

Re: Outdoor Wood Boiler

I agree with Steve's reply.

Shell Bleiweiss

http://www.shell-bleiweiss.com

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Answered on 3/07/07, 10:37 am


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