08-10-2019, 09:06 AM
The neighbor behind us in HPP has a trucking and heavy machinery business as well as a rock farm where he digs up truckloads of rocks, dumps them into his trucks and sells them. There is no farming on the property. I know he needs a special use permit for the rock mining but despite having read the zoning statutes I'm still unclear as to the legality of the business. He has a 3 acre property but parks, revs and idles his trucks right at our fence line. He just erected a new open-sided workshop right at the setback line by our fence. Today we had metal grinding. Yesterday it was electric saws. Etc.
We have talked to him, written him respectful letters to do some kind of noise abatement and tried to engage him in mediation all to no avail. I have complaints registered with the planning department and the dept. of healthbut of course nothing has happened with that. The situation has become intolerable.
So three questions:
1) Is what he is doing legal in an ag zone?
2) Does anyone have any experience with filing a private nuisance lawsuit on this island?
3) Can anyone recommend a real estate/civil lawsuit lawyer who might be able to advise us?
We have talked to him, written him respectful letters to do some kind of noise abatement and tried to engage him in mediation all to no avail. I have complaints registered with the planning department and the dept. of healthbut of course nothing has happened with that. The situation has become intolerable.
So three questions:
1) Is what he is doing legal in an ag zone?
2) Does anyone have any experience with filing a private nuisance lawsuit on this island?
3) Can anyone recommend a real estate/civil lawsuit lawyer who might be able to advise us?
Certainty will be the death of us.