Legal Question in Real Estate Law in Pennsylvania
I live in a house that is adjacent to a playground. The playground consists of a recreation area (clubhouse, tennis courts, basketball courts and play areas with swings and sliding boards) and a playing field that is used for soccer and baseball. My house is adjacent to the playing field. Plans are now being made for a renovation of most of the playground. Included in these plans is an expansion of the playing field to accommodate football, and the installation of viewing stands and lighting around the field. The parcel of land on which the playground stands is zoned as "recreational." The land surrounding the playground is zoned as residential.
A number of neighbors on our street are concerned about the addition of lighting and viewing stands around the expanded field. We are considering the type of use that these additions to the field will make possible:evening games with cheering crowds of people, and lighting that will trespass onto our property at night. Since the renovation of the grounds will change the character of the playground in a significant way, and cause a nuisance that neighboring property owners will have to bear in terms of quality of life issues as well as possible decreases in property value, is there any legal means that property owners can employ to stop the city from proceeding with their current plans?
2 Answers from Attorneys
First, get your neighbors who are opposed to the expansion organized. Circulate a petition and go to the town council meeting and raises your concerns. It might not stop the expansion but it might convince those in charge to modify the project to address your concerns.
It's the American way petition and lobby your government to see things your way.
{John}
A petition of your neighbors presented to the city is a way to go. Another possibility may be to seek some form of equitable relief if there is no adequate legal remedy. This may include seeking injunctive relief. You also should consider contacting your local political representative's office the city councilman from your district.