Legal Question in Civil Litigation in Michigan
Rats
The city of Westland approved the placement of a dumpster by my house on my privacy fence without a rat wall over a sewer line, the dumpster is rented by a bar which is on the opposite end of a parking lot by my house. The city of Westland also let them place a grease pit by my house which sits on the ground with no screens and a hole in the lid. Consequently my property has been infested with rats. I have gone to the city council, gone to the media, talked to the mayor, gone to the county environmental health department, written the state representative,etc. As of today the dumpster is still by my house and I still have rats on my property, next to the base of my house and I have rat tunnels throughout my backyard. The value of my property is in question and the exterminator I hired said he cannot do anything about the rats as long as the dumpster remains by my house over a sewer line with out a rat wall. The bar claims the city approved the placement of the dumpster so they are not liable. I am living with rats in a suburban area. I have even been on WDIV with Jeff Vaughn, but the dumpster and grease pit are still there. Thanks
3 Answers from Attorneys
Re: Rats
The dumpster may be considered a legal "nuisance." You can sue to have the dumpster removed. You may also get damages. You should seek legal counsel immediately. For more info, please contact my office at (248)851-3171.
Re: Rats
The presence of a condition on real estate which causes harm or which interferes with the quiet enjoyment on abutting property may constitute a nuisance by law. A lawsuit may be instituted by the person who owns the affected property to seek an order of the court to cease and desist the condition.
Whether or not a nuisance exists will depend on the particular facts and circumstances. Although the city might have granted a permit which allows the condition to exist, the permit does not provide the bar with immunity from suit for harm to other properties. The question is not whether the bar has done the minimum necessary to obtain a permit. The question is whether it has done enough to ensure that the condition does not create a health hazard or a property hazard.
If the court determines that a nuisance exists, it may consider granting several different types of relief. It can issue an injunction (or continuing order) which requires that the bar move or cease using the dumpster and/or grease pit. It can award money damages for loss of value to the nearby home and/or for repairs to the property. There may be other relief available, depending upon the facts present in trial.
This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.
Re: Rats
The solution is to sue to prove a nuisance. It will be an expensive proposition, time consuming in court, lots of research and court time. In addition, it is almost impossible that you will get attorney fees from the other side. If you wish to discuss this with me, my number is 248-353-9400. William S. Stern
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