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

Asked about 1 year ago - Wolverine Lake, MI

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?

Attorney answers (2)

  1. Robert E. Harris Jr.

    Contributor Level 16

    Answered . 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?

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Most likely this is not a case for the courts

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