Can I bring a Private Nuisance action against the contractor and city?

Attorney answers (3)

1. Licensed in NY

   

   Marco CavigliaPro

   Poughkeepsie Criminal Defense Attorney

   Contributor Level 17

   

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   Answered March 15, 2013 13:42. The first step is to determine if he is in violation of the zoning law and if he complied with any conditions if he was given a variance. If there was a variance, were you notified properly? If there seems to be a basis to now object in a court, then bring all of this information to a land use attorney where you live and review the case and discuss any ideas the attorney may have.

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2. Licensed in NY

   

   Steven Smollens

   New York Landlord / Tenant Lawyer

   Contributor Level 18

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   Answered March 15, 2013 16:35. Dear Homeowner:
   
   I read the news account of the multiple dwelling in construction next to your property line, and as you acknowledged, the zoning in your neighborhood, allows for construction up to the property line.
   
   New York City allows a lot owner near total use of every inch of the property, and in some cases, new buildings, are built abutting an existing building's "Lot Line Window."
   
   See this article for a discussion on this subject:
   
   http://www.brickunderground.com/blog/2012/09/if...
   
   If you have any hope of preventing the total loss of light and air to the 10 affected windows, you have to "halt" the construction and bring the neighbor into court. Perhaps your lawyer may discover that your property was better protected than the local zoning provided.
   
   But you cannot continue to wring your hands about the harm done to you and not do something that may alter the construction of the new building. Stop delaying and hire an attorney.
   
   Good luck.

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3. 

   Ryan Vancil Esq

   Bainbridge Island Land Use / Zoning Attorney

   Contributor Level 12

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   Answered March 15, 2013 12:50. Possibly, but if it was built in full compliance with local zoning and building codes you might not have a claim. You should retain an attorney if you have not already, to see if you have any basis for nuisance, or other claims such as inverse condemnation.

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