Quote:
Originally Posted by ade06
They could bring a claim of nuisance or maybe a claim of intentional infliction of emotional distress (probably a stretch). The 1st Amendment defense also, wouldn't stop someone from bringing the suit and making the neighbor defend the lawsuit... which would likely be expensive.  |
You need to go read the law on nuisance as well as IIED. This is so far from IIED that I cant even understand how you wrote it. In order for there to even be a possiblility of IIED .... you know what I am not going to turn this into legal 101.
You mean a private nuisance. This is not a private nusiance as you have the defense of freedom of speech and it is clearly only asthetic and does not affect the neighbors property in any way. A nuisance is something that interfers with someone use and enjoyement of ones property. A sign on my property would not interfere with your private use and enjoyement of your property.
Also why they may file the suit their attorney could file a motion which would claim the suit was without merit. Any suit on any of the legal grounds put forth to me is without merit. I would seek attorney fees in the case. Saying this is a nusiance is funny
I am likely done with this thread as arguing about the law with others is taxing. I am only a cop with a law degree. Perhaps a practicing attorney would like to step in here.