I live directly across from a commercial business, that has been playing loud music for the past 4 years 7 days a week and no one has done anything about it. I on the other hand have asked the business to please turn it down, they refuse. I've attended City Council meetings twice once with a simple request to have them turn it down and the second time with a formal complaint. I have only lived here for 3 months and their music is heard in my house with all doors and windows closed.
The police chief in this little town has told me on at least two occassions that they can play their music because they're commercial. GA state laws says they can't do this, but yet the City has done nothing about it. It's driving me crazy. Can someone help?
I'm not admitted to practice in Georgia, so use this only for general information purposes. You should speak to an attorney in your area.
But generally what you are describing is in the area of nuisance law. While you could probably sue your city to enforce it's laws, that's a very round-about way to resolve your problem. The more direct approach would be to hire an attorney to sue the business for it's nuisance behavior. In doing so, you would file a civil action against them requesting (1) a temporary restraining order stopping them from playing loud music; and (2) a permanent injunction stopping them from playing loud music. Those remedies would be based on the law or laws that you reference which you state should be restricting their behavior, as well as general principals of nuisance and the inability to have the "quiet enjoyment" of your property.
Nuisance suits are tricky, and are not always successful. There is some truth to the city's opinion that the business is zoned commercial. It may be that they are within their rights to play loud music, and even late into the night. An attorney in your area can analyze their zoning and your situation, and give you a more specific answer as to your options. But it hopefully more formal action by you will at least cause the business to take notice, and to try to minimize their noise level.
Disclaimer: This above answer is for general information purposes only, is not legal advice, and does not form an attorney/client relationship. Anyone reading this information should seek the advice of an attorney admitted in your state and qualified in the practice area regarding your legal problem. Most State Bar Associations have an attorney referral service to assist in locating a qualified attorney.
I am admitted to practice in Georgia, and the other attorney is correct.
To let you know about nuisances, nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals.
O.C.G.A. § 41-1-3 provides that “[a] public nuisance generally gives no right of action to any individual. However, if a public nuisance in which the public does not participate causes special damage to an individual, such special damage shall give a right of action.” O.C.G.A. § 41-1-4 provides that “[a] private nuisance may injure either a person or property, or both, and for that injury a right of action accrues to the person who is injured or whose property is damaged.”
Accordingly, your right to sue the business under a theory of nuisance is codified in statute. Be aware that in Georgia, there is a lot of contradicting case law on the subject, so you should proceed with caution. Further analysis of your particular situation would also be needed.
In any case, I am currently involved with a potential lawsuit involving very similar circumstances to your situation. As such, if you want assistance or would like to discuss matters in greater detail, please don't hesitate to contact me.
Yasha Heidari
www.heidariplank.com
DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.
