Our town allowed the neighbor next to us build a house on a lot that to small and to close to the property line (according to the town laws at the time of building and remains the same today) some years ago, since then there has been much damage because of the water from the entire lot has been flowing onto our lot and fills our yard and driveway, our septic tank is full of sand a dirt because of the water running and filling our yard as well as causing our driveway to sink 2 feet, and because of the water that sits in our yard and driveway it has cause the concrete slab under the house to become wet and has caused damage to the walls on the first floor and other issues. Can we sue the town for the cost to fix the damage? The town supervisor told me there is nothing in the records
about anything being filed about the house next door and he thinks the old code enforcer ether never filed anything or just let the man that built the house do what ever he wanted. The man that built the house as well as the old code enforcer has since passed away.
Estate Planning Attorney
You cam always sue but you are probably barred from recovery by local government tort immunity. Discretionary governmental decisions such as what permits and exceptions to grant are almost always immunized. Still, it never hurts to investigate. Flood the town with Freedom of Information requests. You may have a claim against your neighbor, so consult an attorney on that. Best of luck.
I hope that this answer helps you in a general sense, but it does not constitute legal advice, nor tax advice of any kind, and does not create an attorney-client relationship between you and myself or my firm.