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Intentional emotional distress ????

Discussion in 'Accidents, Injuries, Negligence' started by k9healer, Nov 9, 2003.

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  1. k9healer

    k9healer Law Topic Starter New Member

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    After moving in with my boyfriend 3 almost 4 years ago, his neighbor decided to start calling the local code enforcer for different reason they believed were violations. Things like 2 dirt bikes in the back yard. A registered 17' boat, 4 fully insured and registered, used daily vehicles. Each time the code enforcer arrives he inspects and tells me all is fine or recommends getting rid of the dirt bikes to apease them. Why do we have to apease them?

    They have children that constantly make snotty remarks to my 11 year old.

    The wife uses foul language when talking (screaming) acrossed the fence.

    They are related to/ friends with all of the law enforcement officers in our community.

    Harassment charges have concluded in mediation that accomplished nothing.

    They have even called the police because we asked them to move their trash cans off of the property and would not so I moved them over to their driveway. The police notified me that they can press charges for me moving the cans without her permission although they agreed that they were on our property.

    They laugh and think it is funny that they call the code enforcer, police, health dept, whatever. Over thirty calls in one year.

    I am totally uncomfortable with this situation and worry what is next. If I am not home when someone come to inspect I receive noticces in the door or mailbox.

    I will not even respond to them when the neighbors talk to me. I walk away. I have told the police that I am tired of dealing with adults acting like two year olds and will not answer them if they speak to me. I go in the house.

    What can I do? It is not my house as I stated before. My boyfriend is attempting to deal with them criminally without success, but I am stressing.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I am unaware of how the police concluded that you couldn't move their garbage cans off your property. You may want to get a newspaper involved if someone in government refuses to assist. If there are potential violations then it's difficult to challenge them, unless, as the record seems to be built, they have no basis for the claims and you now have a dozen times when an enforcer is called.

    It would seem that may have a cause of action to take them to court for intent to cause emotional distress. The record seems to show no justification for their complaints. You can make their lives difficult but going to small claims court. I have found it best to complain to someone in power -- and ALWAYS use a certified return receipt letter so they know you mean business. This could include putting someone in the police department on notice of the continued harrassment... and get a camcorder. ;)

    Good luck with all this and let us know how things turn out!
     

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