I hear you Rex. A few further thoughts on the matter.
From the previously listed link:
Substantial Interference The law is not intended to remedy trifles or redress petty annoyances. To establish liability under a nuisance theory, interference with the plaintiff's interest must be substantial. Determining substantial interference in cases where the physical condition of the property is affected will often be fairly straightforward. More challenging are those cases predicated on personal inconvenience, discomfort, or annoyance. To determine whether an interference is substantial, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. A plaintiff cannot, by putting his or her land to an unusually sensitive use, make a nuisance out of the defendant's conduct that would otherwise be relatively harmless.
"Apply the standard of an ordinary member of the community with normal sensitivity and temperament." As I read this, it's not a case of one person's rights vs. another person's rights, but a reasonable interpretation of what might be considered acceptable by most of the community.
Here are honest examples of how I feel, and tend to look at things. This past Saturday, I took the day off from the shop. One of the things I wanted to accomplish was to use the tractor to grade the driveway that goes back to our other piece of property, and the ponds. There are 4 other houses that share this drive, with our property being the very last one on the lane.
Well, it seems that the first house on the lane, one of our neighbors, was having an outdoor get-together. It was Memorial weekend after all. I could've went ahead with my plans and stirred up clouds of dust, made noise, and generally made a mess of things, and been legal doing so. But it wouldn't have been the right thing to do.
My shop sits on the same piece of property as my current home. We're zoned light commercial. Most of the adjoining properties are zoned agricultural, but are actually residential. I know this, and I maintain a strict cut-off of business hours at 5 pm weekdays. My neighbors deserve to come home and not be bothered by roaring engines and grinding metal half the night. I do not work on Sundays, or Saturday afternoons for the same reason. Even during the spring, when I'm three weeks behind.
I begin my day at sunup, delivering and picking up equipment. Unless the piece is just too large, I push them onto the truck or trailer rather than start an engine at that early hour. Don't have to, just choose to. Out of respect for my neighbors.
This is the same sort of courtesy I appreciate being extended towards me.
