suspended if interferes with my quiet enjoyment of my own property, releases noxious and offensive odors into my unit, is a ongoing nuisance, caused me to replace my windows to prevent the odors from coming into my home,and plumbing fixtures and I believe is a threat to my health? Do I have to sue in a state court or can I sue under the ADA in federal court?
You sue for nuisance in State court. Not clear why you think you have an ADA claim. Noxious/offensive odors coming in to one's property would be a nuisance to anyone.
Real estate or landlord tenant counsel may be in order to determine if there was a breach of the warranty of habitability under these circumstances.
You should be checking with the owner of the property, before taking unilateral steps. It is possible that the obligation to correct the situation lies in the first instance with the overall property governance authority. Then you may have an action against the neighbor as well as the property owners...see a real estate lawyer....your issue has nothing with your illness (although it may affect the remedy)...
You should consult with local counsel regarding your nuisance claim. The fact that you have cerebral palsy wouldn't appear to impact your potential claim as nuisance is nuisance, no matter whether one suffers from a disability or not. It would be a state court claim.
This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.
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