Alone in Virginia (OWBs)

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Alone in Virginia (OWBs)

Postby mantoinette » Mon Mar 05, 2012 7:36 pm

In the research I have done, I have not found any other examples of OWB fights or complaints in the state of Virginia. My neighbor installed his OWB just this past winter, so I do not know if it has started to affect my health yet or not, but I hate to wait until after permanent damage has been made =( But it does sound like the people who have won legal battles are people who have had health effects to state as evidence. So I'm not exactly sure what I can do. I talked to an environmental lawyer, and she gave me the impression that I don't have much backing at this point. I don't feel like it should be so complicated to protect your health on your own property. It is very frustrating =(

My property is a horse property, and I keep my horse on the property. I am almost more concerned for her health than my own, because she cannot go inside to even just get away from the high concentration of the smoke when it's bad. The other night I was outside, and I could barely breathe and it was burning my eyes. It deeply disturbed me thinking about her out there, and was trying to figure out where I could take her to get her away from it until it 'dissipated'.

I am going to order one of those Dylos air monitors so I can start taking some measurements of the air both inside and outside my home, but I am exhausted thinking about all of this documenting, measuring, correlating, etc, that I feel I need to do. These things are awful, and they are threatening to smoke me out of my property and my home. Why is it so complicated to defend this? I can't move out until next year without paying the government back the $8,000 tax credit, so I don't even feel like I have the option to just throw in the towel and give up either. Not that I want to do that, but how much of my and my horse's health do I want to sacrifice while I run around gathering data to "prove" that the smoke my neighbor is sending onto my property is harming me and my horse? I am VERY scared about permanent damage to the both of us.

I have talked to them (supposedly just the brother, the owner has not been there when I have gone over) three times to let them know the situation and how I can't breathe and it smells awful and it burns my eyes. But what are they going to do without force, when they spent $12,000 to purchase and install the unit? I just feel like I'm in an impossible situation... Thanks for any advice you can provide!
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Joined: Mon Mar 05, 2012 7:21 pm

Re: Alone in Virginia (OWBs)

Postby Dorre » Tue Mar 06, 2012 6:55 pm

I wonder it it would be possible to threaten legal action against the people who make, sell and install these things?

Did they warn your neighbor that the smoke might create problems for nearby residents? That they'd have complaints about not being able to breathe, awful smells and burning eyes?

A threat of legal action might make them return your neighbor's money, solving your problem, and helping to establish a legal precedent that the people who make and sell these things are morally responsible for the health damage they cause.
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Joined: Thu Aug 02, 2007 5:44 am

Re: Alone in Virginia (OWBs)

Postby jag » Wed Mar 07, 2012 6:58 pm

Have you sent a register letter stating that

their smoke is causing problems, and you fear

of your well being etc.? Hear in Quebec

the civil code art. 976 states we have

the right of enjoyment etc. on our own

property, and neighbours should be

considerate of one another properties etc.

Maybe you can check again into the matter

of what your civil laws have.

In the past I had asked for some

advise from a lawyer and I was told

that I did not have much of a chance to

win at small claims court, long story short

we won, and today the neighbours use their

wood stove much less. I believe,

A OWB is seven times

much worse then a wood stove,

you don't deserve to be put

through such hell without fighting back!

You can start by going to small claims court

Won't cost much, and you won't feel like a lone victim.

If you do decide to take the neighbours to court

Keep all the data updated till your hearing.

I believe legal acton is needed against

your next door neighbours. It would be

up to your neighbour to then place

the seller of the OWB in warrantee which means,

in the case you win your law suite against your

neighbours it is then the seller of the OWB must pay

the money back to your neighbours who lost at court.

Please check your legal system before

going a head.

Hope the advise was of some help...Good luck!
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Joined: Mon Apr 14, 2008 5:53 am

Re: Alone in Virginia (OWBs)

Postby skybox » Wed Mar 07, 2012 8:04 pm

OWB problems like yours are being fought all over the country. You're right, having a medical problem does give you more clout with some government agencies but that too depends on the state and the agencies willingness to help. Click on the link below or copy and paste into your browser and read the article on how to solicit help from your health department. Let me know if you need help on finding your state's health code. Be warned that fighting OWBs is hard determined work and will cause you stress, but the alternative is what you're going thorough now. Also do you know the model of the OWB in question and whether it's Phase II certified ?

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Joined: Tue Aug 14, 2007 11:39 am

Re: Alone in Virginia (OWBs)

Postby mantoinette » Wed Mar 07, 2012 9:45 pm

It is a WoodMaster 4400. NOT certified (from what I have read)...
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Joined: Mon Mar 05, 2012 7:21 pm

Re: Alone in Virginia (OWBs)

Postby skybox » Sat Mar 10, 2012 3:08 pm

Read this document it was based on a Woodmaster 4400 150 foot from a neighbor's home. It was shut down by a circuit court judge.

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Joined: Tue Aug 14, 2007 11:39 am

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