Full question:
What can be done to stop an outdoor shooting range in a residential neigborhood?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: California
Answer:
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
There are various strategies for dealing with noisy neighbors. Some of these include:
-Calling the police/sheriff's office to file a complaint
-Asking the owner to remedy the situation
-Filing a lawsuit for breach of warranty of habitability, peaceful enjoyment, infliction of emotional distress, nuisance, harassment, etc.
-Talk to a councilperson about passing a local noise ordinance
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.
