Legal Question in Criminal Law in Michigan
Which jurisdiction?
I live in Grosse Pointe Park, one half block from the border with Detroit. An Enterprise car rental on the Detroit side has an security alarm that goes off incessantly -- this past weekend, for instance, the siren (LOUD and very annoying) went off fifteen times, each for about a half hour duration. I and other neighbors have complained to the management, who simply say that they have to protect their assets and they ''regret'' any disturbance to the neighborhood. This, in spite of the fact that nearly all the instances are false alarms, with kids or animals triggering them. Also, in spite of a silent alarm going to their security agency.
I have gone through three levels of their management to no avail, so I went to the Grosse Pointe Park police to file a complaint. I was told that they couldn't do anything about it because the business is in Detroit. I responded, ''But their noise is in Grosse Pointe! It doesn't make sense. If they were catapulting garbage onto my front sidewalk, my police department could do nothing to protect me?'' I know the law at times doesn't make sense, but who has jurisdiction?
1 Answer from Attorneys
Re: Which jurisdiction?
You might what to consider making a civil rather than a criminal complaint. If you believe that the nuisance damage you have sustained is in excess of $25,000.00 then you may consider filing a complaint in Wayne County Circuit Court. If not, then you could file either in Grosse Pointe Park District Court or in 36th District Court. Enterprise might object ifyou file in Grosse Point Park, but since they rent to people in Grosse Point Park, and the tort is affecting the residents of the Park an arguement can be made that jurisdiction and venue are proper in the Park. Since Enterprise is located in Detroit, 36th District Court would have jurisdiction and venue would be appropriate there as well. Contact a local attorney and go over your options. I do not see criminal liability on the part of Enterprise from the facts as presented. Good luck.
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