You may be surprised to learn that you actually can sue the city to force their hand. It’s called a “writ of mandamus” or in some states, “mandate” (and it may even have other names) but essentially you sue the government for not doing a thing they are obligated to do.
So yeah, if you want to go that route, it exists.
Also, if the property would constitute a nuisance in your state (violating zoning ordinances related to animals & their waste is a pretty good hint that it is), you can sue the dog kennel for, well, being a nuisance to you.
One reason to hire a lawyer is to find out what you don’t know.
You’re right that the city should be going after this. But the city is a lazy, bureaucratic organization and is not going to be very proactive on this.
Your lawyer would represent your interests. He would know which laws they are breaking and could talk specifically about them when he goes to city hall. He could file suit in court to get it stopped. Your lawyer would be the squeaky wheel to make sure this place is forced to follow the law.
You could try writing your City Council. I’d try that route here, but your city is about four times larger than mine, so your council is probably about four times as useless.
Still, it’s free to write a letter. If they forward it to the zoning Dept., it might get more attention than a directly written letter.
Call and ask for the newsroom, or better yet pen an email with all the info you have given here (including pictures) and explain the problem. The more visual the better.
Stations do stories, city is forced to act (it’s election season, ain’t it?), problem solved without you opening your wallet.
How do the neighborhood associations work in KC? Around here, any permits that are pulled by businesses and any requests for variances are discussed in depth on the neighborhood discussion group and at the meetings. Anyone who disregards community feelings towards their project can expect a conga line of protesters at the Development and Review department, at the Board of Adjustments and at any public meetings.
Some lawyers will know. Others won’t Finding the right one is important.
Does the city in question have a City Attorney? Has the complaint reached him? Does he know that the City might be sued for failing to prevent a loss in value to your brother’s property? Although the other property owner would be the main defendent in such a suit, if the City has rules and doesn’t inforce them, they can be included.
The nightmare hosted a “Get to know us” BBQ party tonight. About a dozen people attended. I produced flyers to give to attendees, and managed to talk to most of the people before they went in. The majority of the neighbors had objections to them moving into the neighborhood, although one woman was a customer of theirs, and was sorry they were moving further from her home (though she did not live in the same block, in smell and hearing range.)
It’s obvious this is going to go to court, as the information we have discovered here seems perfectly clear, the owner gave me a letter from the city he claims proves that he can proceed. Fortunately, several of the other property owners are interested in fighting to preserve the value of their rental properties.
The mightmare has opened. They are letting the dogs out at 6 AM. I was woken up 3 doors away, in my basement apartment, with all the doors and windows closed.
Look up your local noise ordinance. Most don’t allow noise until 7 or 8am. Put the local non-emergency police phone# on speed dial. Call every single day to report them.
What have you done since August? Have you contacted a lawyer? Requested that a writ of mandamus be issued? Any lawyer dopers know if/how much legal help is required for this?
I haven’t been able to do as much as I would have liked, and everyone else who is being affected has apparently decided that I’m the one who is supposed to get things done. But as I explained to my brother and sister, I can do the research, but lack the people skills to get others involved. Like getting some of the other affected property owners to chip in on the cost of the lawyer.
