Noise pollution – use of a celebration hall – harm of neighborhood – delimitation of harm – appropriate solutions to remove harm.

Giving one of the defendants written approval to use the residence as a celebration hall is subject to not harming the neighbors because the harm is eliminated regardless of the neighbor’s acceptance to practice the activity or not, once the reasons of harm show up. Since the appealed decision is ambiguous for not specifying the harm that must be prevented and the harm that must be decreased or prevented by taking the necessary steps, the court must have assigned an expert to specify the type of harm and the appropriate solutions to prevent it.

Request rejected