Full question:
My son bought a home in Sept. and the adjoining property has been sold to a sewage contractor who plans to dump raw sewage by underground pipe. Does he have any legal recourse?
- Category: Injunctions
- Date:
- State: Minnesota
Answer:
A "nuisance" is an activity that unreasonably interferes with the use and enjoyment of private property. For example, an objectionable odor may qualify as a nuisance. Your son can file a court action against the responsible party for a nuisance, seeking remedies such as monetary damages or injunctive relief to stop the activity.
To obtain an injunction, your son must show that the activity will continue without intervention, and that it will cause irreparable harm that cannot be compensated with money. Courts typically require proof of the following for a preliminary injunction: (1) a strong likelihood of success on the merits; (2) irreparable injury if the injunction is not granted; (3) no substantial harm to others from issuing the injunction; and (4) that the public interest would be served by granting the injunction.
It may also be beneficial to contact local building, land use, or zoning authorities to learn about any applicable regulations or ordinances. If no sewage ordinance exists, your son might consider petitioning local representatives to create one.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.