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adjusterjack
Super Moderator
Consult a local attorney who has experience successfully litigating against a municipality and ask him.
adjusterjack
Super Moderator
That speaks volumes.
Probably not. It's not something you can do in small claims court. Litigating against government entities is complicated and expensive.
Even if you could find a willing attorney, the requested retainer will give you the heebie jeebies.
What is your issue with the golf course?
I'm finding it hard to imagine a golf course generating any offensive noise.
Well...when Happy Gilmore was playing it got rather rowdy.
zddoodah
Well-Known Member
Maybe. Facts matter, and you provided none. If you provide relevant facts, someone may be able to provide some useful feedback.
That could, in part, be depending on what the noise ordinance says and how they are granting themselves the exemption and for what reason.
Have you read both the ordinance and the legislative action taken that grants the exemption? What do they say? Are the exemptions passed in accordance with the laws and powers granted to cities in Colorado. These are all questions that need to be answered if you have any hope of stopping it. And then go consult with an attorney that knows municipal law.
As to speaking volumes, one lawyer I finally spoke with said my complaint/case has merit but he is not taking any new clients at this point in time. I'm not looking for a lottery payout just an injunction to operate within the municipal ordnance.
Well….imagine industrial sized mowers starting at 0430.
My complaint is over industrial sized mowing operations. The noise ordnance is very specific especially with times of the day and decibels levels. Although I haven't put a decibel meter out there yet…the mere fact they're operating outside of defined times within such ordinance is a non starter for the decibel level factor. ie no noise is allowed period. Further I'd guess…the industrial mowers exceed the decibels anyway but not factual data yet without measurement. Again it's moot because of the operation of industrial mowers operating outside the time windows in the ordinance which is my real gripe.
The city is continually applying a "temporary exemption" meant for short term projects for the entire golfing season at the sole discretion of the city manager to circumvent their own ordinance. They state it's for "financial reasons" which has zero bearing or allows relief within such ordinances. It's an incestuous relationship with a city owned golf course granting themselves an exemption to an ordinance under municipal code and the exemption is at the sole discretion of the city manager. I doubt the exemption was ever intended as a permanent yearly exemption in contravention to their own ordinance.
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adjusterjack
Super Moderator
Call him back and offer him a $10,000 retainer. Cause that's at least what you will have to spend to take on the city.
You don't get an injunction just for the asking.
$10,000 is nothing to me and had he asked for it I would've written a check.
cbg
Super Moderator
Sometimes this is code for, "You got nothing but I don't want to argue with you about it so I'm choosing the easiest way to get you out of my office so I can get back to cases that are actually workable".
I was wondering when that assumption was going to come up but given the referral to him and the business they do with that firm I highly doubt it. Further, and I guess you missed it, but he said the case had merit (he called back after I started this thread) and unless you're clairvoyant his tone did not indicate other wise.
As of a few minutes ago his referral took the case with only a $5,000 retainer. Absolute drop in the bucket for me.
I'm out…this has been so…….helpful.
cbg
Super Moderator
A splendid example of the OG effect.
cbg
Super Moderator
It's got nothing to do with cannabis.
OG, OG Kush as I recall was affiliated with THC and Cannibas. You'll have to take my word I didn't just google that. Regardless your passive aggressive insult was noted and I couldn't care less. It did remind me though why I loathe lawyers in the first place. Thanks for the reminder!
Zigner
Well-Known Member
I suspect that is hyperbole, as such an ordinance would be unenforceable.
What city is the golf course located in?
I did not write that carefully enough. "No noise above the decibel level". Ordinance attached. I have retained an attorney at this point though and I'll let him deal with it.
Loveland, Colorado.
Attachments
Zigner
Well-Known Member
You didn't say what city, but Loveland is the first web search result, so I'll go with that.
7.32.070 Temporary permits
Temporary permits to exceed sound limitations of this chapter may be issued by the city manager. All temporary permits shall contain the following provisions: the duration of the permit, the sound source temporarily permitted, the hours of the day and days of the week such permit is effective, and any other limitations that may be imposed by the city manager. (Ord. 1988 § 1 (part), 1981)
So, does the temporary permit address the required elements?
Let us know how it goes once it's all said and done. I hope you get your money's worth.
7.32.070 Temporary permits
Temporary permits to exceed sound limitations of this chapter may be issued by the city manager. All temporary permits shall contain the following provisions: the duration of the permit, the sound source temporarily permitted, the hours of the day and days of the week such permit is effective, and any other limitations that may be imposed by the city manager. (Ord. 1988 § 1 (part), 1981)
So, does the temporary permit address the required elements?
Let us know how it goes once it's all said and done. I hope you get your money's worth.
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