Can a town run a banquet hall that causes problems with the neighbors?
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Can a town run a banquet hall that causes problems with the neighbors?
The villagewhere I live built a senior center behind our house. In this center is a banquet room which the village rents out. The banquet room hours are to midnight every Fri. Sat. and Sun. When the room is rented and they have a DJ the music is too loud and can be heard in our home with the windows closed. We’ve contacted the senior center and the police a number of times. It’s still a problem. What else can we do? It’s a residential area, can the village legally do this?
Asked on June 24, 2012 under Real Estate Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may be able to file a lawsuit for nuisance naming the village and the senior center as defendants. Nuisance is a serious and unreasonable interference with your use and enjoyment of your property.
Damages (monetary compensation) would be an inadequate remedy due to multiplicity of lawsuits since the noise is an ongoing problem. When damages are an inadequate remedy, you can seek an injunction, which is an equitable remedy, to stop the noise or keep the volume low. A court will balance the benefits and burdens to the opposing parties in determining whether or not to issue an injunction. The benefit to you of not being disturbed by the noise would be balanced against the burden to the senior center of having an alternate location for the DJ and band.
The court may issue a temporary restraining order which would be in effect until a preliminary hearing at which time the court may issue a preliminary injunction which would be in effect until trial at which time the court will determine whether or not to issue a permanent injunction.
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