Nuisance is anything that causes hurt, inconvenience, or damage to another. Many times big companies and corporations are a nuisance to surrounding communities and neighborhoods by virtue of their industrial operations. In defending allegations of nuisance, these companies site to environmental permits which allow them to operate under Alabama environmental rules and regulations. What many people do not know is that these companies, although operating lawfully under a permit, are not allowed under the law of nuisance to cause hurt, inconvenience, or damage to another property, homeowner, community, or neighborhood.
Alabama law states “the right to pure air is an incident to ownership of land and is entitled to the same protection as any other valuable right. To constitute a nuisance it is not necessary that smells be hurtful or unwholesome if they are offensive so as to impair comfortable enjoyment of property by persons of ordinary sensibilities.” Accordingly, if you live in a neighborhood or a community wherein a corporation or industrial plant is causing hurt, inconvenience, or damage to your property, or otherwise interfering in the use and enjoyment of your property, you could have a meritorious nuisance claim under the law.
At Cunningham Bounds, we have the experience and knowledge to assess the situation and determine whether or not you have a complaint that will likely result in a favorable resolution on your behalf.