Legal Question in Real Estate Law in Texas
grandfathered blasting in residential area
I live within the city limits of a small town, across the street from a granite quarry....abandoned when I bought the property....The quarry is re-opened at the discretion of the owners and very loud equiptment, lots of dust and blasting begin again....the ground vibrations shake the house as do the sound waves from the blast....They are 'grandfathered' and I can find no clear explanation of all that clause entails....The city government is sympathic and would change it if they could (the quarry is also in the city limits) but no one seems to know how to create a workable solution....The sub-division was chartered first but that seems to carry little weight....short of civil action , is there any way to handle such a situation?....
1 Answer from Attorneys
Re: grandfathered blasting in residential area
The quarry being 'grandfathered' means it was there before incompatible zoning, and may remain so long as operated for the same purposes.
Grandfathering should not protect them from application of the town's noise ordinance, if (1) your town has one, and (2) the decibel emissions exceed the permissible limits.
Short of that, the only other remedy we see is institution of a civil suit to have the operation declared a public or private nuisance and enjoined from further operations at that site.
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