Legal Question in Real Estate Law in Oregon

How can I sue a city for injunctive relieve? The city built a new library and placed 2 HVAC units close to my home, specifically by my bedrooms and bathroom. Prior to building I spoke with the city and was given plans and assured that nothing but landscaping and fencing would be placed between our buildings. The city built with a 5 foot setback from the property line. My setback is 10 foot. The units are rated at 72 dbs (the sound of a vacuum or worse) each which is in violation of DEQ regulations of 65 dbs in day and 55 dbs at night. The units are in operation 24 hours and 7 days a week. I am no longer able to use 5 rooms on this side of the building or porch. I am also having problems sleeping and daily migraines.

There is also an odor coming into my house from these units. They are situated in the front portion of the building and are unsightly. The value of my property has been reduced.


Asked on 11/14/12, 3:00 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

You could sue the city for trespass and nuisance and seek injunctive relief and/or money damages. You would file the suit in county Circuit Court. If you seek less than $10,000, you can file it in small claims court without a lawyer. See http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm. But the small claims court cannot issue an injunction to get the noise and fumes to stop, and I would think that the reduction in property value is more than $10,000.

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Answered on 11/14/12, 4:43 pm


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