Legal Question in Real Estate Law in Minnesota
Industrial Noise
I own a home abutting an industrial zoned area. When we initially purchased the home 10 years ago, the area was quiet. The building near my home was used for cold storage. Over the past two years the building was sold and a business has moved in that cleans soybeans. They have erected several large grain bins. Also, they have installed equipment that is loud and vibrates through the ground into my home. Grain moving around makes lots of noise. The city has has bent over backwards for this company by allowing a variance for a truck scale on the other of the building and ignoring complaints from the neighborhood. The scale has brought in excessive truck traffic. We have been told that since it is zoned industrial, they can do as they need to do there business. There is no ordinance for noise pertaining to the industrial area. They will be constructing more grain bins this summer. Is there anything I can do prevent all this noise and more grain bins?
1 Answer from Attorneys
Re: Industrial Noise
A few years ago I represented a gentleman whose neighbor was building a hog feeding barn up wind from his house. First I represented him at the city council in an attempt to block the building permit, then we went to court.
I managed to get the proposed site moved a few hundred yards to a less offensive location, and I managed to get a view and wind blocking grove of trees planted; but I was not able to flat out block the construction of the barn.
As in your case, the zoning premitted the barn. It was zoned agricultural.
My fee was substantial. If I knew how hard it was going to be, I'm not sure I would have taken the case.
I would be glad to consult with you about this. My consult fee would be $250. Maybe we could figure something out. There must be a planning board or a city meeting of some kind where you could raise an objection which might at least soften the blow.
Good luck.
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