A new powder coating company has opened up behind my house in a small business park. The smells have made it so we cannot open our windows during the summer many of the days due to the smells and we do not spend as much time in our yard because of this smell. We do get headaches from the smells. l know a few of my neighbors have noticed the smells as well, but have not made a complaint to the city that I know of. During the summer last year I called our city manager a few times about the smells and noise. The noise has stopped but smells continue. Manager says they can do nothing. I do know in the code they have rules for smells and businesses licenses from what I have read. What are my options?
This is awful. I am sorry to hear about this. I recommend a consultation with a local civil (tort) litigator in your town, and asking whether you equitable claims or a nuisance claim against the company. Generally the standard for nuisance is that an actor's conduct must "substantially interfere with one's use and enjoyment of one's land." Your local counsel can more precisely explain the nuances of your state's nuisance laws, and assess whether you have any legal remedies available. I hope this situation will soon improve. Best regards.
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