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McClure's BBQ (4 Viewers)

BigJohn said:
tipsy mcstagger said:
I was contacted by the local paper the Time Picayune this week. I haven't been served yet, but it seems my neighbors are suing me over the smoker, and my landlord for illegally allowing me to lease this space without their approval and other various perceived infractions. I am not saying more until after I speak with my lawyer says I can say anything. I had no comment for the paper which I think is how I will keep it here for now. Sorry I cannot be more forthcoming.....

I do ask that no nefarious action be taken on my behalf. I know pranks sound funny....but these folks are trying to ruin my life right now and I need yall to not poke the hornets nest.
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Good luck Neal. Keeping a level of civility would be incredibly hard for me, were I in your position. Try to keep your mind focused on the business, though I realize it's pretty much impossible. I would just hate to see this cause you to lose focus and let the restaurant decline.

This sucks. :(
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:goodposting: Good Luck Neal.

 
Damn, that just sucks. Even if they have no standing, it is stuff like this that can suck the life out of you and make something you worked really hard for not fun. Just keep on truckin' and don't let that drag you down. Focus on the stuff you know you can handle like running the restaurant and don't let this affect you as much as you can.

 
good luck. hopefully just a minor nuisance. seems part of the cost of running a successful business is putting up with some complainers from time to time.

 
Seems you only began operating the smoker after the City authorized you to do so.

I wouldn't think their claim against you should get to first base. Claims against the landlord could conceivably cause some trouble, though.

 
good luck. I would be thrilled to have your biz next to my neighborhood. nothing better than the smell of meat in a smoker other than maybe meat out fo the smoker and on my plate with some fresh cole slaw

 
I agree the biggest threat here is if the landlord is sued for damages. I would think the tenant in this case would be arms length from any actions, but would get the trickle down effects. Taken at face value you could maybe see the landlord being responsible somewhat for letting a tennant run shop like this where it was a (conviencestore?) before?

I'm not a lawyer, nor do I play one on TV.

 
culdeus said:
I agree the biggest threat here is if the landlord is sued for damages. I would think the tenant in this case would be arms length from any actions, but would get the trickle down effects. Taken at face value you could maybe see the landlord being responsible somewhat for letting a tennant run shop like this where it was a (conviencestore?) before?

I'm not a lawyer, nor do I play one on TV.
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What about the whole Holiday Inn Express angle?

 
WHEN you win I think countersuit for damages due to harassment and frivolous lawsuits damaging your brand would be in order... :popcorn:

 
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we have bad air here and open smokers are not allowed within the city limits. famous daves somehow gets away with it.

i had a buddy who was smoking in his driveway and selling pulled pork out of his trunk and was super popular. he tried to go legit by renting space and the newspaper did a story on it. well in came the health dept. with all sorts of regulations. he gave it up cold turkey to avoid the hassle.

good luck man.

 
Aaron Rudnicki said:
good luck. hopefully just a minor nuisance. seems part of the cost of running a successful business is putting up with some complainers from time to time.
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but enough about the shark pool... :mellow:

 
This doesn't shock me at all. Somewhat typical for the area. Move into a business district then complain about businesses and get a lawyer.

What kind of uptight weirdo do you have to be to complain about the greatest smell ever produced being available for free in your backyard?

I know your landlord too. I understand he's not the most popular guy in the neighborhood... I'll just leave it at that.

 
Just a thought but would there be room for some sort of concessinos that involve a couple strategically placed high-powered fans to direct the wafting smoke upward or away from the whiners' crappy condos?

Granted... this was never really about the smoker. I'm guessing they're still whining about the parking spots.

 
Oh man, what I wouldn't give to have a smoker running next to my house 24/7. I'd hang all my clothes out on a line to dry just so I'd always smell like BBQ.

Good luck, Tipsy. Aren't these the same people who tried to keep you from opening? I would think that if the city was on your side back then they wouldn't have a leg to stand on now. But, I'm not a sneaky lawyer.

 
I'm no attorney, but does McClure's have any obligation to the owners' 'quiet enjoyment'? If its in their lease or by laws, then the condo owners themselves owe it to each other. If there is some kind of city ordinance being violated, wouldn't the city need to ask him to stop or never allow it in the first? If there is no ordinance being violated, then where's the rub?

 
mr roboto said:
I'm no attorney, but does McClure's have any obligation to the owners' 'quiet enjoyment'? If its in their lease or by laws, then the condo owners themselves owe it to each other. If there is some kind of city ordinance being violated, wouldn't the city need to ask him to stop or never allow it in the first? If there is no ordinance being violated, then where's the rub?
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free with a t-shirt purchase

 
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mr roboto said:
I'm no attorney, but does McClure's have any obligation to the owners' 'quiet enjoyment'? If its in their lease or by laws, then the condo owners themselves owe it to each other. If there is some kind of city ordinance being violated, wouldn't the city need to ask him to stop or never allow it in the first? If there is no ordinance being violated, then where's the rub?
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La. Civ. Code art. 669.

If the works or materials for any manufactory or other operation, cause an inconvenience to those in the same or in the neighboring houses, by diffusing smoke or nauseous smell, and there be no servitude established by which they are regulated, their sufferance must be determined by the rules of the police, or the customs of the place.
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There was a similar lawsuit in SF about a bacon restaurant and neighbors who complained about the smell of bacon. The neighbors were basically put in their place by the city and told to suck it up. Hopefully NO has a similar attitude and tells these people where they can take their lawsuit.

 
Henry Ford said:
mr roboto said:
I'm no attorney, but does McClure's have any obligation to the owners' 'quiet enjoyment'? If its in their lease or by laws, then the condo owners themselves owe it to each other. If there is some kind of city ordinance being violated, wouldn't the city need to ask him to stop or never allow it in the first? If there is no ordinance being violated, then where's the rub?
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La. Civ. Code art. 669.

If the works or materials for any manufactory or other operation, cause an inconvenience to those in the same or in the neighboring houses, by diffusing smoke or nauseous smell, and there be no servitude established by which they are regulated, their sufferance must be determined by the rules of the police, or the customs of the place.
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Well that clears it right up. Rule of the police or local custom huh?
 
Based on that pic, you could always make a living dancing you handsome mother ####er.

Note: Sorry you are getting this flack - all the best to you, hopefully this will just be noise and maybe some promotion.

 
Is your smoker blowing smoke all over people's balcony?

I would be annoyed too. If it is enough to make my deck/balcony unusable I'd be pissed.

Can you contain the smoke somehow?

 
What is the back story on these people? Clearly they didn't want this to happen from the beginning and are now just taking the next step. They likely have many more. ####ers.

 
Henry Ford said:
mr roboto said:
I'm no attorney, but does McClure's have any obligation to the owners' 'quiet enjoyment'? If its in their lease or by laws, then the condo owners themselves owe it to each other. If there is some kind of city ordinance being violated, wouldn't the city need to ask him to stop or never allow it in the first? If there is no ordinance being violated, then where's the rub?
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La. Civ. Code art. 669.

If the works or materials for any manufactory or other operation, cause an inconvenience to those in the same or in the neighboring houses, by diffusing smoke or nauseous smell, and there be no servitude established by which they are regulated, their sufferance must be determined by the rules of the police, or the customs of the place.
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I think Tipsy needs to be the neighbors butler.

 
psychobillies said:
This doesn't shock me at all. Somewhat typical for the area. Move into a business district then complain about businesses and get a lawyer.

What kind of uptight weirdo do you have to be to complain about the greatest smell ever produced being available for free in your backyard?

I know your landlord too. I understand he's not the most popular guy in the neighborhood... I'll just leave it at that.
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I am a vegetarian and the guy next door to where I work has a huge smoker and he sells sandwiches near the local park. Even I love the smell. Good luck man, sorry to hear.

 
If one of the condo owners was the FBG and he was complaining about someone opening up a resturant next door you would all be telling him to burn the place down.

Kind of depends on what side of the fence you are on.

 
Mr Two Cents said:
If one of the condo owners was the FBG and he was complaining about someone opening up a resturant next door you would all be telling him to burn the place down.

Kind of depends on what side of the fence you are on.
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No ####### way. PLEASE someone come open a killer BBQ joint next to my house. Please!

 
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