Q: I would like to know if I have a case due to the fact that our scrap yard was placed behind my house illegally?
It has been cited for numerous violations
A:
You would need to distinguish between impermissible land use (i.e. the scrap yard being located there against zoning rules) and operating illegally (i.e. being cited for violations). You as an adjacent landowner would likely not have a claim for illegally operating.
Think of it this way: say you lived next to a bar. You might have a cause of action against the bar for violating noise violations, because it directly affects you as a nuisance. But if that bar were repeatedly cited for serving alcohol to minors, you likely would not have a cause of action.
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