In the United States you can sue someone for polluting your groundwater, but can you sue someone for polluting your air, including noise pollution, or for trespassing in the air space above your property, say someone hovering over your backyard in a helicopter?

AlbertCamus

If you can prove damages - Yes. Mar 30 04, 6:15 PM

McGruff

There are cases pending now where people have filed lawsuits such as this: Man Files Lawsuit Against Smoking Neighbor Woman Says She Has Right To Smoke Outside Her House Source: WEWS NewsNet5 (Cleveland, OH), 2004-01-29 A Stow man has filed a lawsuit against a neighbor who smokes outside their homes, reported NewsChannel5. Bob Zangrando shares a front porch with Nicole Kuder, who lives in the condominium next door. Zangrando has emphysema, and doctors have warned him to stay away from secondhand smoke. Zangrando said he and his wife are suffering from air pollution from the smoke that comes into the house through doors and windows. http://www.tobacco.org/news/151334.html I would think a helicopter hovering over your house is more of a harassment issue rather than pollution, and a restraining order would probably be the first course of action. Mar 31 04, 12:52 AM

AlbertCamus

Say like you spend a cool million for your daughter's wedding in your backyard. A neighbor is angry because he didn't get an invite, so during the exchanges of vows he buzzes the "joyful" gathering with his private airplane. Your daughter starts screaming and crying "It's ruined! It's ruined!"... Mar 31 04, 3:18 AM

McGruff

I would probably pursue a lawsuit in that situation, especially if I had millions to stand on principle and my neighbour had a few $$ to lose. I would still go with harassment, rather than try to prove I owned the air above my property. Mar 31 04, 4:52 AM

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