Is there a way to legally deal with my neighbor's second skunk weed smell?
Here is what I know so far. The munipal laws don't protect my private premises but there are bylaws that prohibit secondhand smoke be it tobacco or weed in public places except in designated areas. The actual violation goes under the umbrella of 'public nuisance' bylaws.
There are private nuisance laws as well that protect my right to enjoy my private residence. It is ussually things like loud noises and noxious smells.
But does legal marijuana skunky smell qualify as a noxious smell? I might think so but judges are reluctant to award a claim of private nuisance to activities that otherwise are legal. So, No, unfortunately I don't beleive that I can stop my neighbors skunky weed from wafting into my bedroom on a hot night even though it is adversely affecting my enjoyment of my house.
Your thoughts?
Here is what I know so far. The munipal laws don't protect my private premises but there are bylaws that prohibit secondhand smoke be it tobacco or weed in public places except in designated areas. The actual violation goes under the umbrella of 'public nuisance' bylaws.
There are private nuisance laws as well that protect my right to enjoy my private residence. It is ussually things like loud noises and noxious smells.
But does legal marijuana skunky smell qualify as a noxious smell? I might think so but judges are reluctant to award a claim of private nuisance to activities that otherwise are legal. So, No, unfortunately I don't beleive that I can stop my neighbors skunky weed from wafting into my bedroom on a hot night even though it is adversely affecting my enjoyment of my house.
Your thoughts?