Abstract

In most communities, proposed new building projects are required to conform with planning, community development, zoning, and/or building and safety specifications and standards. In cases of allowable noise exposure and noise limits, where certain of these requirements are quite specific while others are purposefully vague, conflicts between residential and commercial neighbors can lead to extreme disagreement and needless litigation. This paper describes a recent situation occurring in an upscale beach community, the resulting conflict over existing noise sources that comply with the limits of the city planning and permitting process, and the interesting findings of the court following the civil and criminal litigation that followed. Some suggestions are given to avoid these conflicting policy situations.

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