For the public welfare basketball court built near the community, the community owner believed that the noise produced by the basketball court would affect their normal life, so he sued the community developer, the renovation investment unit and the construction unit to the court and asked for the demolition of the basketball court. The Intermediate People's Court of Chengdu City, Sichuan Province, tried the dispute of eliminating nuisance and dismissed the owner's lawsuit for dismantling the basketball court according to the law. A citizen Luo bought a house in a residential area of Zhihe Street in Pengzhou City. The house was completed at the end of 2018. When the house was handed over, the developer built an outdoor public basketball court outside the wall in the northwest corner of the residential area. Later, according to the government's reconstruction project arrangement, the construction unit renovated the basketball court and completed the reconstruction in January 2022. Since the completion of the basketball court, it has been welcomed by the residents nearby, and there has been an endless stream of people coming to play. Luo Mou thought that the outdoor public basketball court built seriously interfered with his daily life, so he made many complaints. The relevant departments responded and proposed solutions to urge the residential property and the temporary construction unit to adjust the lighting time and shorten the opening time of the basketball court from 9:00 to 12:00 and from 14:00 to 21:00. However, Luo Mou did not approve the solution, so he appealed to the court and asked for the removal of the basketball court and related facilities involved in the case. After hearing, the court held that the premise of Luo's request to eliminate the nuisance was that the nuisance actually existed and reached a certain degree. Luo Mou believed that the noise of the basketball court involved in the case was very loud during the use, and the impact on its normal life had reached an intolerable level. As for the noise within the normal and reasonable range generated by the basketball court in the case, Luo himself should bear a certain tolerance obligation. Moreover, after Mr. Luo repeatedly reflected the noise problem, the relevant competent authorities also restricted the use of the basketball court in the case by regulating the management of time periods, which has avoided the disturbance to the normal life of the surrounding people during the rest period as much as possible, and there is no causal relationship between the construction of the basketball court in the case and the noise nuisance claimed by Mr. Luo. To sum up, the court made the above judgment according to law. ■ The judge reminded ■ The construction purpose of the basketball court with public welfare attribute is to meet the people's reasonable demand for fitness and improve the quality of life of the surrounding people. The basketball court is bound to produce sound in the process of use, but the sound source belongs to the public noise in social life. As long as it is produced in a reasonable period of time by reasonable use, other citizens should moderately tolerate it. After the plaintiff in this case reported the noise problem of the basketball court to the relevant departments, the competent department has dealt with it through standardized management and restricted use to avoid the interference caused by the sound of playing ball to the normal life of the neighboring residents, but the plaintiff still believes that the basketball court constitutes a noise pollution infringement on its normal life, which is really harsh, and its individual special needs cannot exclude and resist the need of public interests. Democracy and harmony are the relevant norms in the core socialist values. The public should accurately grasp the boundaries of personal interests, public interests and environmental protection, follow the reasonable principles and tolerance obligations of civil activities, and reasonably and legally safeguard their own rights and interests. (Xinhua News Agency)
Edit：Ying Ying Responsible editor：Shen Chen
Source：rmfyb.chinacourt.org
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
