Legal Question in Real Estate Law in Pennsylvania

Re: How to get an injunction to stop neighbor

If you are still within the time to appeal the decision of the zoning board, you may do so. If it is past the time to appeal, you may have lost your rights.

Please consult with a local attorney who is familiar with zoning to review what happened and what your options are now.

Re: How to get an injunction to stop neighbor

I concur with Ms. Jacobson's reply, but I would like to add a few comments.

I believe in the 'KISS' principal, or "Keep It Simple Stupid!". Excuse the 'Stupid', but the acronym doesn't work without it. TIME IS OF THE ESSENCE, but... FIRST, speak with your neighbor. Perhaps you can reach an accomodation. He/she may want to accomodate your concerns, or alleviate them. OR he/she may not want you to fight him with the local officials, etc., and change his plans to accomadate your concerns. If that is fruitless, speak with your local officials. Perhaps they will see your point, and require your neighbor to strictly adhere to the local ordinances and codes.

I am curious though, as to your prime concern... Do you just want the 15' distance, or the fact a large structure may be built there, or about the potential noise?

You may need to file for an injunction, for which most people will need an attorney. I think that even if your time to object has passed, you may still have a chance to stop this construction, depending upon the circumstances, such as: when did you become aware of the violation? when did you become aware of the size of the structure? when did you become aware of the noise the generator may create? - etc.

Good luck. My advise to all my clients is to seek solutions with the path of least resistance FIRST. You can always escalate later, but this path is often the most expensive, the most painful, and take the longest to accomplish. Litigation is like curing a disease... It may be the common cold you are dealing with, or it may be cancer. Treat it that way. You don't operate if a pill or change in diet will do...

Kevin J. Begley