What kind of lawyer do i need?

14 views 6 answers
My Neighbor is starting a concrete batch plant. The land he owns is 18 acres, outside the city limits in ETJ and is surrounded by houses. It is less than a mile from the high school and middle school. I want legal advice to understand where to start and what my options are. Can I legally stop this on health grounds ? - because this is going to destroy the air around. All the dust is going to blow right into my house. I want to understand my rights as a neighbor. i bought this house 4 months back.

Attorney Answers

6
Stuart Lautin ·
I believe you will find that the Texas Commission on Environmental Quality licenses and regulates this activity, of course along with EPA at a federal level. However, since it is in the ETJ then I would be surprised if the City of Dripping Springs didn't also regulate, as well as Hays County. You might have a common law trespass claim against the neighbor, but before you go there I would look hard into the licensing and permitting issues. I will place a link to TCEQ below.
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Alan Brinkmeier ·
I would expect that a local land use attorney familiar with zoning ordinances and regulations would be the counsel you would start out with. Hire one today.
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David Kenneth SergiPersonal Injury LawyerSan Marcos, TX ·
Stuarts answer is spot on. In addition, as the property is in the ETJ the City planning staff should have had input as well. I would talk to the City Planning staff and determine if the City issued any type of permit or if there was any type of public hearing on the permits that were needed for the plant to be constructed. The City may take action on its own or in conjunction with you. However, its critical that you hire a lawyer as soon as possible to protect your interests.
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Dotty Elaine LemieuxLand Use / Zoning AttorneySan Rafael, CA ·
You do not say if he actually has permits, has gone through an environmental review, etc. If not, your recourse is to get involved on that level, with an attorney wold be helpful. However, since you just bought your home, it should have been disclosed to you when you bought it. You may have some recourse against the seller and realtor as well. Do go to a local real estate/land use lawyer right away. Best of luck with the environmental laws of Texas!.
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John Zgourides ·
The Edwards Aquifer is a karst aquifer. Fractures, caves, sinking streams, and sinkholes are fast conduits to the aquifer from the surface - any surface pollution from stormwater runoff or spills directly impacts the water quality of the aquifer, possibly impairing drinking water and affecting the sensitive ecosystem. Before disturbing the soil on the recharge, transition, or contributing zones of the Edwards Aquifer, the plan must be approved by the TCEQ Edwards Aquifer Protection Program (I believe Dripping Springs is in the Contributing Zone). Once a plan is approved, the site will be monitored for compliance. See the Texas Administrative Code at http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=213&rl=22. Contact Texas State Representative Jason Isaac. See http://www.house.state.tx.us/news/member/press-releases/?id=5211. He just introduced a bill to redraw the lines of the Hays Trinity Conservation District. Also contact Texas Senator Judith Zaffirini. Make noise. Get your neighbors fired up. Hire s lawyer. Don't do nothing!
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