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What legal rights do the adjoining property owners have?

Jasper, TX |

Jasper County Texas. Neighbor has a private Venue which is rented out for parties, weddings etc. We've banned together and called local police because of the loud noise when the venue is rented. Last weekend party started at 10:30 with loud music and didn't cease until after 1:30. Sheriff says he can do nothing because there is no noise ordinance in the County, says its up to the JP. JP says he can do nothing its up to the Sheriff. Person who owns the venue says they are "untouchable" by the police because of who they are. JP Basically said he hasn't talked to her because of who she is, sheriff is neighbors and good friends of the owners daughter. Is there anything in Texas law to protect homeowners to have peace in their own homes.

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Attorney answers 1

Posted

One legal solution is to file a lawsuit seeking an Injunction prohibiting such use and restricting their use/noise. That would be a private nuisance lawsuit. All of you can band together and file one with a single lawyer. This would be a State District Court lawsuit ... not a JP matter. A Court Order then can be enforced locally and if the Sheriff refuses due to an inside deal, he would be ill advised and may end up in contempt of Court. Meanwhile, stay away, but get some video/audio recordings and download a smart phone sound meter app to use to check the levels. You can also use a security camera system to remotely watch and keep a good video and audio record without creating as much visibility or being seen.
I had some legal cases over near there... please tell me there is no giant cross-burning with a bunch of yee-ha'n folks in white sheets going on at the parties late at night. If so, there may be some potential Federal involvement....

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Asker

Posted

No it's nothing like that. It's basically an inlaw who built a "Pavillion" to rent out for weddings, etc. But it has escalated into bands playing late at night , even one instance of a club owner renting it and charging cover charge and it was byob. The only racial aspect I see in the whole situation is........ there is a club less than a mile away on a major HWY who is frequented by african americans. The Sheriff shut it down last night because it was too loud, and just coincidentally the JP lives within earshot of this particular club and was commented on it this morning.

Asker

Posted

I have issues with the noise because my elderly Aunt and Uncles' live there too and are dealing with it. One uncle is battling cancer and it's terminal, the fact is he can't sleep at night when there are gatherings at the Pavillion. The second is........the fact that the Sheriff and JP won't try to at least talk to her, because they know her and were fond of my uncle who has been dead for 9 years.

Edward James Kazaleh

Edward James Kazaleh

Posted

I guess you can tell I've actually been to Jasper (... and Vidor).