Can I sue the county for not enforcing zoning laws on a neighboring junkyard?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue the county for not enforcing zoning laws on a neighboring junkyard?
Over a year ago I reported my neighbor to the county for being in clear violation of the current zoning laws. He has a very large junkyard. The county investigated, and agreed that he was in violation. They asked him to clean it up multiple times, but have taken no legal action and done nothing to enforce the law other than verbal requests for compliance. Over a year later the junkyard is still there, dragging my property value down. Do I have any legal recourse?
Asked on August 20, 2010 under Real Estate Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Property devaluation is usually not a sufficient reason to have a colorable claim by which to sue the county but you may wish to try, especially if garbage encroaches on your property or noxious fumes do as well. You may have air rights you can enforce. The best thing to do is contact local counsel, who handles zoning matters. Then the counsel may first decide to approach local or state politicians to see if the matter can be handled via the individuals who are charged with protecting the residents. If the county agency responsible for cleaning up or enforcing this matter is not doing its job, then it may very well be a bigger issue than a civil lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.