Legal Question in Civil Litigation in Ohio
I have a neighbor running a racing team out of his garage. The so called racing team specializes in demolition derbies. This has resulted in countless junk cars and junk car parts lying around. The local zoning says that unfortunately this is not a business or they would shut it down, they instead say its a hobby. My question is if someone is running a racing team that routinely makes money, at least 5-6 thousand dollars last year that I know of and has sponsers that advertise on their cars, then how is this not a business and how do I prove it. And do I have any recourse to shut it down through civil litigation.
1 Answer from Attorneys
You might go back to the zoning staff with the extra information about making money, which implies its a business. You might also look at the possibility of mediation where everybody sits down with a trained neutral and negotiates a resolution. As to a suit, the theory you would use is nuisance. You should check with an attorney in your locale.
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