Man sues over I-85 construction noise - CBS46 News

Man sues over I-85 construction noise

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(Source: WGCL) (Source: WGCL)
ATLANTA (CBS46) -

Ever since the collapse of I-85, it's around the clock demolition, and now construction.

"They have to go as fast as they can, which includes nighttime," nearby resident Jeff Vogelsang said.

Vogelsang said for him traffic is the biggest issue.

"Getting in and out of my apartment building is really crazy and all the little side roads that get you to and from shops and stores, they are totally backed up as well," Vogelsang said.

But for one man living in the Optimist Lofts, noise is the issue worth going to court for.

Tyler Gaston filed civil documents calling for an injunction that would stop overnight construction.

"I don't think it's a terrible idea," Vogelsang said.

CBS46 discovered in the court documents that Gaston claimed the demolition and construction causes "…incredible noise and makes it impossible to sleep at night," Gaston wrote in the complaint.

Gaston goes on to allege, "I'm already experiencing symptoms of acute sleep deprivation."

He claims lack of sleep puts him at "…risk for heart disease, heart attack, heart failure…impair my ability to focus at work."

According to the lawsuit, Gaston claims he asked for relocation relief from the Georgia Department of Transportation, the Governor's office and several other agencies, but got no help.

So now he's taking the issue to court.

"Maybe this lawsuit is the leverage he needs to get that relocation," Vogelsang said. "Maybe he doesn't want them to stop working, he just wants them to help him."

Now a judge must decide which is more important, one man's sleep or getting I-85 back open as soon as possible.

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