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Lawyer Guys - Tortious Interference (1 Viewer)

Senor Schmutzig

Senor Schmutzig

Footballguy
After 2 years of dealing with the city, we have finally received our building permits and commencing excavation on our lot. I have recently been notified by the city that my neighbor has sent over 200 e-mails to the city (copying the city commissioner, the mayor and a bunch of other city employed people) over the course of the past 6 months or so, most of which include numerous complaints pertaining to our property, the vast majority of which have no merit whatsoever. There are many details that I don't have the patience to type out right here but I was speaking to a friend who mentioned that it may be possible to sue for tortious interference. Granted, I know I'm simplifying things here immensely however this is the first I have ever heard of this sort of action. Before I go through the expense of getting a lawyer to pursue this possibility, I'm trying to get a better sense of what tortious interference is and whether or not it would apply in this case.

Here is where my armchair lawyering comes in.....taken from the internets:

In most jurisdictions, a claim for tortious interference requires that the following six elements are proven:

A valid contract or relationship must exist between at least two parties
The third party defendant had knowledge or was aware of the contract between the two other parties
The defendant intended to convince, induce, or make one of the parties to the contract breach the contract
The interference by the defendant was not an act that is privileged or protected by the law
A contractual breach actually occurred
The non-breaching party suffered measurable damages

Basically we have a building permit from the city to construct a house (is this viewed in the eyes of the law as a contract and/or relationship?) Our neighbor is doing everything he can to interfere with our right to do so. Could this be a case of tortious interference? Could it be considered harassment at the least?

I"m not coming here for binding legal advice, just some general overall knowledge so when I do talk to a local litigation lawyer, I'll at least have some idea of what our options could be. 

 
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Backstory on neighbor?

Have you ever dealt with neighbor? Talked about the construction? How long have you known neighbor?

These questions have nothing to do with what you asked but I just like being nosey.

 
Christo said:
Even assuming a permit is a contract, where's the breach?
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Technically there isn't a breach but one could argue that the neighbor is interfering with my ability to fulfill the contract, no? If that's not tortious interference, than is there something else that I could use to sue his $#&%#? I'm fed up with the BS and want to shut them up for awhile.

 
comfortably numb said:
Backstory on neighbor?

Have you ever dealt with neighbor? Talked about the construction? How long have you known neighbor?

These questions have nothing to do with what you asked but I just like being nosey.
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Yes.

Yes.

8 years (the last two of which have been contentious.) They just don't want a house next to them. Prior to us buying the lot there was a much smaller, 1950's bungalow that was in disrepair. The neighborhood is full of similar situations (old house being torn down to build something new that will enhance the property values of the surrounding areas considerably). 

 
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Senor Schmutzig said:
Technically there isn't a breach but one could argue that the neighbor is interfering with my ability to fulfill the contract, no? If that's not tortious interference, than is there something else that I could use to sue his $#&%#? I'm fed up with the BS and want to shut them up for awhile.
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:mellow:

 
So you want to tear down and build one of those eyesores that infill small lots?  I’m probably rooting for him. 

 
Senor Schmutzig said:
After 2 years of dealing with the city, we have finally received our building permits and commencing excavation on our lot. I have recently been notified by the city that my neighbor has sent over 200 e-mails to the city (copying the city commissioner, the mayor and a bunch of other city employed people) over the course of the past 6 months or so, most of which include numerous complaints pertaining to our property, the vast majority of which have no merit whatsoever. There are many details that I don't have the patience to type out right here but I was speaking to a friend who mentioned that it may be possible to sue for tortious interference. Granted, I know I'm simplifying things here immensely however this is the first I have ever heard of this sort of action. Before I go through the expense of getting a lawyer to pursue this possibility, I'm trying to get a better sense of what tortious interference is and whether or not it would apply in this case.

Here is where my armchair lawyering comes in.....taken from the internets:

In most jurisdictions, a claim for tortious interference requires that the following six elements are proven:

A valid contract or relationship must exist between at least two parties
The third party defendant had knowledge or was aware of the contract between the two other parties
The defendant intended to convince, induce, or make one of the parties to the contract breach the contract
The interference by the defendant was not an act that is privileged or protected by the law
A contractual breach actually occurred
The non-breaching party suffered measurable damages

Basically we have a building permit from the city to construct a house (is this viewed in the eyes of the law as a contract and/or relationship?) Our neighbor is doing everything he can to interfere with our right to do so. Could this be a case of tortious interference? Could it be considered harassment at the least?

I"m not coming here for binding legal advice, just some general overall knowledge so when I do talk to a local litigation lawyer, I'll at least have some idea of what our options could be. 
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Have you countersued?

 
Call the neighbor to the stand and ask him, "If you gave an order that Santiago wasn't to be touched, and your orders are always followed, then why would Santiago be in danger? Why would it be necessary to transfer him off the base?" 

In all seriousness, I wish you the best and hope it all works out for you.

 
Under what circumstances did the city notify you about the neighbor's emails? If you have the permit, what negative affect have all those emails produced? 

Other than the irritation of a hostile neighbor with apparently a lot of time on their hands, I haven't seen how this directly affects your project. I assume, given the permit, that you're building a house within the letter of the law.... What kind of specific and/or relevant complaints does this guy have? And does your community have any kind of design review board? Some communities publicly review projects to allow neighbors' input. 

 
El Floppo said:
Under what circumstances did the city notify you about the neighbor's emails? If you have the permit, what negative affect have all those emails produced? 

Other than the irritation of a hostile neighbor with apparently a lot of time on their hands, I haven't seen how this directly affects your project. I assume, given the permit, that you're building a house within the letter of the law.... What kind of specific and/or relevant complaints does this guy have? And does your community have any kind of design review board? Some communities publicly review projects to allow neighbors' input. 
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I requested one of the complaint e-mails that was sent in so I could have an understanding of the issues that the neighbor is indicating we are violating. At that time, I was told that there are over 200 e-mails and I would have to submit a public records search in order to receive all of them. I'm waiting for this search to be executed and reviewed so I can get access to all said e-mails. 

Every time the neighbor calls or sends an e-mail alleging another violation, someone from code enforcement has to be sent out only to realize that again, we are not violating any of the conditions that have been set. There have been multiple instances where "higher ups" (including the City Commissioner's Chief of Staff) have come to the job site to review only to leave after realizing that the way we are conducting business (adherence to requirements, cleanliness of building site, etc) is high above the standards that they see on a regular basis around the city.  It's a waste of taxpayers time and money for them to come out every single time a call is made or an e-mail sent. It's also taking time away from my GC to oversee the project when he has to deal with this BS on a daily basis. Yesterday my wife caught the neighbor trying to peer through the fence by lifting up the construction fabric to take pictures of our site. It's a constant annoyance and borders on harassment (in my eyes at least). I just want to be able to do something to make them realize that this kind of harassment won't be tolerated. 

 
I went through something similar. You now finally have your permit. Life is too short to extend this right now. Build your house and enjoy it. You won. 

If he does things later just to piss you off then come up with the good stuff to stick him. 

 
Johnny Rock said:
I went through something similar. You now finally have your permit. Life is too short to extend this right now. Build your house and enjoy it. You won. 

If he does things later just to piss you off then come up with the good stuff to stick him. 
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On one hand I know what you are saying, but on the other hand, I know that the harassment isn't going to end. They are going to call code enforcement if a worker shows up at 7:55a (work rules indicate they can't start until 8:00a), they are going to send a letter and include the mayor if we have to trim a tree to accommodate the structure...hell, they will probably reach out to INS if they think any of the workers onsite are undocumented and try to shut things down. These people are certifiable.

 
The absolute best way to interfere with a tortious is to place a big wedge of cabbage right in their territory. They absolutely love the stuff. They’ll sit and eat it for hours. Good for you for building a house for yours- a lot of people keep them just in aquariums (I guess terrariums is technically correct) but it’s cool to see someone go the extra mile.

maybe you could try mending fences with this neighbor by inviting him over to meet your tortious? If he sees that it’s not violent or aggressive, he may come to actually like it. Then, throw a big tortious housewarming party and invite him over. Have a cookout and a pinata and some punch. Who knows? You might just get a new GB out of the deal.

My GB, Del, built a ramp for his tortious so it could sleep up on the bed. They actually can climb a ramp, but they tend to take their time. Del said the ramp wasn’t a very good idea vecause his tortious would climb up on the bed, but it would take him too long, and by the time he got up on the bed, it was already 3 am, and he’d wake Del up 2 hours before his alarm. And Del doesn’t sleep too good. 

 
These facts don't seem to create a tortuous interference with contract claim, but there might be other claims that can be made. The problem of course is that you have to live with this guy as your neighbor, so its hard to say whether are better off going nuclear v extending an olive branch.  Its a tough situation. Good luck.

 
In. 

House should take what - a year or so to build? Then years of harassment and stories about the neighbor bothering the OP?

The thread has legs for 10 years at least.   :popcorn:

 
You’re probably sunk by the Noerr-Pennington doctrine. People are allowed to petition their government, so there’s a super high bar to clear to show that communications with the government is tortious. 

 
Senor Schmutzig said:
I requested one of the complaint e-mails that was sent in so I could have an understanding of the issues that the neighbor is indicating we are violating. At that time, I was told that there are over 200 e-mails and I would have to submit a public records search in order to receive all of them. I'm waiting for this search to be executed and reviewed so I can get access to all said e-mails. 

Every time the neighbor calls or sends an e-mail alleging another violation, someone from code enforcement has to be sent out only to realize that again, we are not violating any of the conditions that have been set. There have been multiple instances where "higher ups" (including the City Commissioner's Chief of Staff) have come to the job site to review only to leave after realizing that the way we are conducting business (adherence to requirements, cleanliness of building site, etc) is high above the standards that they see on a regular basis around the city.  It's a waste of taxpayers time and money for them to come out every single time a call is made or an e-mail sent. It's also taking time away from my GC to oversee the project when he has to deal with this BS on a daily basis. Yesterday my wife caught the neighbor trying to peer through the fence by lifting up the construction fabric to take pictures of our site. It's a constant annoyance and borders on harassment (in my eyes at least). I just want to be able to do something to make them realize that this kind of harassment won't be tolerated. 
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I'm not seeing what this guy's end game is. 

You have the permit, so a bigger house is happening whether he likes it or not (should improve his property value at least). As it is, he's potentially prolonging how long the construction takes with these complaints- and who wants to live next to a construction site any longer than needed? 

Make sure that anything to do with a fence or trees bothering his property is handled delicately. Or not and just give him a big F U the way he is to you.

 
ProstheticRGK said:
The absolute best way to interfere with a tortious is to place a big wedge of cabbage right in their territory. They absolutely love the stuff. They’ll sit and eat it for hours. Good for you for building a house for yours- a lot of people keep them just in aquariums (I guess terrariums is technically correct) but it’s cool to see someone go the extra mile.

maybe you could try mending fences with this neighbor by inviting him over to meet your tortious? If he sees that it’s not violent or aggressive, he may come to actually like it. Then, throw a big tortious housewarming party and invite him over. Have a cookout and a pinata and some punch. Who knows? You might just get a new GB out of the deal.

My GB, Del, built a ramp for his tortious so it could sleep up on the bed. They actually can climb a ramp, but they tend to take their time. Del said the ramp wasn’t a very good idea vecause his tortious would climb up on the bed, but it would take him too long, and by the time he got up on the bed, it was already 3 am, and he’d wake Del up 2 hours before his alarm. And Del doesn’t sleep too good. 
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TLDR

 
CletiusMaximus said:
These facts don't seem to create a tortuous interference with contract claim, but there might be other claims that can be made. The problem of course is that you have to live with this guy as your neighbor, so its hard to say whether are better off going nuclear v extending an olive branch.  Its a tough situation. Good luck.
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That's becoming my understanding so I'll just have to see what the other options are. 

Olive branch option didn't work. The people are just being malicious and I don't know why. Don't much care at this point either. They burned that bridge awhile back. 

There's more backstory but it's not worth getting into here (well not worth it for me, I'm sure y'all would love it though!).

 
ChiefD said:
In. 

House should take what - a year or so to build? Then years of harassment and stories about the neighbor bothering the OP?

The thread has legs for 10 years at least.   :popcorn:
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Or we will just sell it and do it again somewhere else. Either way you have at least three years of some sort of updates due to capital gains....

 
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El Floppo said:
I'm not seeing what this guy's end game is. 

You have the permit, so a bigger house is happening whether he likes it or not (should improve his property value at least). As it is, he's potentially prolonging how long the construction takes with these complaints- and who wants to live next to a construction site any longer than needed? 

Make sure that anything to do with a fence or trees bothering his property is handled delicately. Or not and just give him a big F U the way he is to you.
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El Floppo, that's the same line of thinking that we have had. No idea. It's ridiculous. 

Every other neighbor that is around the property is constantly asking us when we are going to get started because they are genuinely interested in seeing things start moving (and ultimately finishing). Granted, they have all pretty much rallied against this ##### and his wife also. Nothing active, just passive, but I'll take that too. 

 
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ProstheticRGK said:
The absolute best way to interfere with a tortious is to place a big wedge of cabbage right in their territory. They absolutely love the stuff. They’ll sit and eat it for hours. Good for you for building a house for yours- a lot of people keep them just in aquariums (I guess terrariums is technically correct) but it’s cool to see someone go the extra mile.
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Man, this makes me want to buy a tortoise.  I could just sit there and watch it stuff it's face.   We have two guinea pigs and although they are an overall pain in the but I do enjoy watching them just chomp away on the big pile of kale that give them.

 
gianmarco said:
Make sure you incorporate this into your plans.
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:lmao:

Already had this one in mind.

Wouldn't be too difficult to put something together that's moveable and place it in various areas around the lot as we start building. We have the wood as the property fence is in finishing stages of being completed. 

 
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Ramsay Hunt Experience said:
You’re probably sunk by the Noerr-Pennington doctrine. People are allowed to petition their government, so there’s a super high bar to clear to show that communications with the government is tortious. 
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However, abuse of process can be another matter entirely (if Florida allows abuse of process for non-judicial processes).

 
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Best action would be to set up a dummy Craigslist account (public computer of course) ...

and post lots of adds using this neighbors address. Be creative.

- Orgy this Saturday night ... all welcome. Gimp suit is a plus. 

- 3 ft tall live cannabis plants 1 for $15 or 3 for $30. What a bargain.

- Free tortious and terrarium ... to a good home

... you get the idea

 
I'd go over and talk to them, preferably with an impartial witness and/or recording device (if a single party recording state).  Ask them about their concerns and what you can do to rectify them.  if they take an irrational stance (i.e. tear it down), inform them that you intend to proceed lawfully and that they should come to you with concerns.  If you are friendly, respectful and rational, it makes it much harder for them to demonize you and perhaps they will calm down.

Document everything and build a file.  Ask to look at your file and all contact the building/planning office has had with these people.  If they are reluctant, file a public records request.  Make it clear to the planning office that you are fed up and "considering" your legal options.  It's not a threat, but the planning office will likely be on your side and will be happy to pass this info on to your neighbors, which should also cause them to calm down.

If all else fails and they keep harassing you, go see a lawyer.  While there might not be a fully actionable claim here, a lawyer can have them served with a cease and desist letter that at least communicates a colorable claim of abuse of process, defamation, disturbing the peace, and/or tortious interference.  That should get them to calm down. 

 
Interesting plot twist, and I don't know Florida law so this is definitely not advice about actual legal issues involved here - it's possible your contractor could have an action against him for interfering with the contract.  Which would leave you in a better position with your neighbor, maybe.

 
Senor Schmutzig said:
Would definitely think of doing this but we live one house down from where we are building so I would have to deal with the noise also.   :wall:

I like the idea though and am open to others.
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Well, you are looking at burning your own time, energy and money on a lawsuit.  The noise issue is just one more step down that path of inconveniencing yourself to get even with your new neighbor.

 
How have you been damaged by this? As I understand it you have your permits. 

If I were a city official and received 200 complaining e-mails I may be thinking I'm dealing with the grumpy old lady in the neighborhood who raises a fit whenever someone steps on the grass. I might not be very sympathetic to her complaints and ignore them as best I could.

You did say that most of the complaints were invalid which I interpret as meaning that some were noteworthy. If so, that puts it on you to make sure you are proceeding correctly because if you don't you will hear about it. This does create pressure on you.

I tend to agree with Mookie and suggest that, if you can, see if you can talk with your neighbor and find out what's driving their complaints. It may be resolvable.

I would mention that your neighbor despite all their complaints has not brought an attorney into this. Either they do not have the resources or do not want to escalate the conflict.

 
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