How do you file an injunction against a nightclub that is zoned to be a residential area?
Full Question:
Answer:
A suit to abate a nuisance by means of an injunction generally requires that without the intervention of the injunction, the activity will be ongoing, and irreparable harm without a remedy compensible in money damages will occur. Injunctions to abate such activity are granted only where necessary and where there is no adequate remedy at law.
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.
It may be possible to petition your local representative to enact a noise control ordinance if one doesn't already exist. Most local governments have some form of noise control based on either subjective nuisance or disturbance based standards, or an objective decibel based standards, or a combination thereof. Many of the subjective noise ordinances seek to control excessive noise that is of such character that it "tends to annoy, disturb or cause physiological or psychological harm to a person with normal sensitivities." Improvements in sound measurement technology and federal noise initiatives have led to a trend among local governments to adopt detailed objective decibel-based noise regulations that incorporate noise emission limitations and noise assessment criteria. These ordinances are often combined with traditional nuisance based regulations that allow for a two-pronged approach to noise control.
