Legal Question in Personal Injury in Massachusetts

Privacy

I have lived in a quiet residential neighborhood for 36 years. Across the street there is a piece of land that was grandfathered in as a Mom and Pop store. They sold to a pizza shop. The pizza shop put spotlights all around the building. These lights illuminate the inside of my house. I can't even walk around in my own house without getting blinded from the glare. I have talked to the owners to no avail. Is this an invasion of my privacy? Thank you.


Asked on 4/18/09, 9:29 pm

2 Answers from Attorneys

Re: Privacy

I doubt you have a claim for invasion of privacy, but obviously no lawyer could give you an opinion you would want to base important life decisions on based on a couple of sentences you have provided regarding the facts of your matter. I guess you could have bought the mom and pop property when it went up for sale if you were all that concerned about your privacy, as of now you don't own that property and cannot tell the owners of that property what to do any more than they could tell you what to do. You might want to see if the pizza shop is a legal use of that property or if it is violating the conditions of any variance or special permit. You might want to retain legal counsel if you do not know how to investigate that on your own. I suppose you could try to sue the pizza shop on some sort of nuisance theory, but again you would probably want to hire legal counsel for advice on the specific facts of your case. You might want to consider that some business establishments have been sued for not having enough lighting when some one is mugged or raped on their property, so perhaps the pizza joint is just trying to deter crime. I suppose you could buy some shades or you could sell out and move to some place where you are not in a neighborhood and there are no neighbors. Good luck. Regards, JBS

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Answered on 4/18/09, 9:45 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Privacy

This sounds like a pretty clear case of nuisance. It may also effect an invasion of privacy. This is a matter which can and should be resolved by a demand to turn the lights down. If it is refused, the matter would go to Superior Court seeking injunctive relief to order the lights to be curtailed.

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Answered on 4/18/09, 10:57 pm


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