What can be done about the noise coming from a dog boarding facility?

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What can be done about the noise coming from a dog boarding facility?

I live in a neighborhood outside of city limits (no noise ordinance) and a business for boarding dogs opened directly behind it. For years, we’ve dealt with constantly barking dogs. Now, I will begin graduate school and will be studying at night and their business is housing more dogs than ever with the noise getting increasingly worse. The neighborhood dogs are constantly barking in response, too. There is no peace. There must be some type of legal action I can take against this business to regain the quality of my life. 

Asked on February 9, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is a chance that you could succesfully bring a "nuisance" lawsuit against the business, seeking to force them to take measures (e.g. soundproofing) to reduce the noice level. A business or commercial endeavor *may* be considered a nuisance if it is an inappropriate venture for that neighborhood; for example, concrete plants and slaughter houses have sometimes been successfully sued when they are built in and impact residential neighborhoods. Be aware, though, that nuisance suits fail more often that not; courts are reluctant to restrain legal businesses from operating. Much will depend on the character of your neighborhood; a large kennel located on a very quiet, purely residential, suburbean-style street may be inappropriate, whereas a kennel on a street that is more urban (hence intrinsically noisier) and/or a mixed residential and commerical street is not likely to be objectionable.


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