Is there any legal remedy to get you neighbor to stop doing marijuana outside?

Asked over 1 year ago - Laguna Niguel, CA

The neighbors consist of two brothers that live with their mother. they smoke everyday all day outside, front and back yards. These are houses. I've seen them scold neighbors, speed excessively in the streets, etc. Just plain n simple lowlifes, whom have no respect for what others work hard for.

do i have any options?

police said they can't do anything because one of the brothers has a license.

Attorney answers (3)

  1. Byron David Flagg

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Keep complaining to the police. Keep making reports. Contact your local government elected leaders and ask them to send officers on increased patrol in your neighborhood. Ask the police to come observe what is happening.

    My answers on Avvo.com are intended to help clarify the legal process in your situation to the extent possible on... more
  2. John Leonard Bailey

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I would take a look at the Laguana Niguel Municipal code, and educate yourself before going to a good local land use attorney.

    Here is the current link to the code: http://library.municode.com/index.aspx?clientID...

    Based you the facts you have provided, and what I read in the code, a good creative attorney in Laguna Niguel, California should be able to help you out.

    Personally, I don't think a lawsuit is the answer, as this will be more political than legal in nature. However, a good local attorney will be able to help you see the most efficient political route, as these are local issues, subject to the local political climate.

    Best of luck!

  3. Konstantin Parkhomenko

    Pro

    Contributor Level 9

    Answered . Actually yes, you do: you may be able to sue them under the theory of nuisance, trespass (due to the smoke going to your property), and arguably a score of other torts. As part of the lawsuit, you may be able to ask the court for an injunction against certain offending activities. If you won, the court would order them to stop.

    The downsides to this approach are as follows: 1) lawsuits are expensive, and 2) you most likely have less than optimal chances of winning.

    A good land use attorney in your area will know more. Good luck!

    My answers to the questions are for general informational purposes only and do not establish an attorney-client... more

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