Legal Question in Real Estate Law in Illinois
I live in a residentially zoned property located next to a commercial property that is a gociery store. The store owner has plans to redevelop his store and his plans have been approved. He is getting tiff money from the the town for his new store. We have been approached by the store owner and village and were told if we do not sell and move, we will be inconvenienced with noise, garbage, dust, etc..., and not to complain about it because we will not be helped.
We saw the new plans, and the delivery/garbage area will be next to our house. The only buffer between us and the store is a fence.
question #1- do we have any right to ask for more of a buffer? We have a baby and one more on the way and we are worried that the trucks will hit the fence and hurt our children. (a large semi truck ran into the fence before).
question #2- I am pregnant and due in 2 months, and the construction is going on as of a few days ago,,, and a LOT of dust is flying all over, and unfortunately it is getting harder for me to breathe with all the dust and my eyes are burning constantly. Do I have a right to clean air?
Any advice is greatly appreciated! Thank you!
1 Answer from Attorneys
Q#1: You should have been given notice of the various zoning hearings because you live so close. If you did not participate and make your concerns known, it is highly possible that you have lost out here. If the plan violates setback requirements next to residential zones or you weren't given proper notice of the approvals, however, you may have a chance to stop further work but time is very short or non-existent because once a building permit is issued even for things that are wrong it gets to a point where the town can't halt construction either. The only thing I can suggest at this point is to get a hold of a zoning attorney and see if any temporary relief can be had at this apparently late date.
Q#2: Sounds like demolition and earth moving. Your community may have a requirement that the contractor "spray down" the dust to prevent it from traveling. You should contact the building department and if so or if there is a similar ordinance requiring the construction site to not unreasonably interfere with surrounding properties they could stop the work or cit the contractor. You might consider the Health Department, and Illinois EPA. And yes this is a kind of trespassing. So you also may have a right to go to court (quickly) or give notice (quickly) to the contractor and property owner that they are damaging your property with their construction dust and debris...and if you are actually having difficulty breathing you ought to see a doctor. Who knows what's in the dust -- old lead paint, minor amounts of asbestos if it wasn't properly abated prior to demolition, etc. But time is ticking quickly and to get a legal action moving quickly may be the only way. Because by the time you get to court this portion of the work may be over and all you might have at that point is a claim for damages.....
It may help if your neighbors are being inconvenienced as well then you can get a group to work with possibly. But time is really against you at this point.
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