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

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. 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 this website. Criminal law can be very complicated and very serious. Every case is different and my answers are not intended to serve as legal advice unless so stated. If you have been charged with a crime you could be placed on probation or face incarceration. Please contact an attorney if you think you need legal advice in a criminal matter.


  2. 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 relationship. Accuracy of answers is not guaranteed, as my answers contain broad assumptions -- as such, you may not be able to rely on the answer under the facts of your specific case. There are no "one size fits all" legal solutions because even slight changes in fact situations may require a material variance in the applicable advice. Once again, I am not your attorney.


  3. 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=12544&stateID=5&statename=California

    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!

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