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Can I successfully sue local government for failing to enforce their own laws pertaining to recreational burning?

Wolverine Lake, MI |
Filed under: Government law

My local government has a burning ordinance it refuses to enforce. This permitting of a nuisance, if you will, is also permitting a known public health hazard. Can I successfully sue? Would initiating a citizens suit in relation to failure to enforce the clean air act be an option? Unjust enrichment, anything?

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Attorney answers 2

Posted

Sure, you can sue. The question is whether you can afford it, whether your friendly neighbors will pay real money to see this nuisance abated. It's doubtful your action will bring you a payday. You may contact the federal authorities about the clean air act. Alternatively, why don't you run for municipal or mayoral office on that platform?

Asker

Posted

My question was can I sue my local government successfully for none forcement of its own ordinance, permitting a known health hazard and public nuisance, and/or non enforcement of the clean air act. I can afford filing and discovery costs. I litigate in pro per, or in pro se. Your time and effort is appreciated.

Robert E. Harris Jr.

Robert E. Harris Jr.

Posted

Your municipality is a governmental entity. It is UNLIKELY that you will sue them successfully for the non-enforcement of their own ordinance. A better use of your time and money would be for YOU to run for public office. Like I already said, you could use that issue as your platform. Make sure you mark my answer as the best, if you agree. Good Nite.

Asker

Posted

That's a ridiculous response. I wish I could mark your answer as worst.

Posted

Most likely this is not a case for the courts

Asker

Posted

How so? Do municipal governments generally enjoy immunity from such suits? Even in relation to a known public health hazard and/or in relation to non enforcement of the clean air act? Would thIs be a novel case, outside of your sphere of knowledge? I can understand from a typical attorneys perspective that a case such as this wouldnt be worth the time and effort. Understand, I don't care about damages. I care about nuisance abatement. I care about establishing precedence. I care about breathing relatively clean air. I need not an attorney. I can litigate in pro per. Would a case, filed under the various causes of action I described above, be typically dismissed through a defence of fovernmental immunity of some sort. Your time and effort is appreciated.

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