Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Timothy V. Kassouni

1 Answer | Asked in Constitutional Law for California on

Q: How does the U.S. Constitution or a state constitution differ from other sources of law?

Timothy V. Kassouni answered on Dec 27, 2013

I assume what you are asking is what is the difference between a constitution and statutory law. If so, the answer is rather straightforward. A constitution is a grant of authority from the people to its government. A constitution lays out the structure, powers, and limits on government. For... Read more »

1 Answer | Asked in Constitutional Law for California on

Q: Is it legal to with hold an american from flying the American flag?

My leasing office is threatening me with an eviction because I have an American Flag and a Gadsden Flag hanging on flag poles on my balcony. By law, are they in the right or the wrong?

Timothy V. Kassouni answered on Dec 27, 2013

The answer will depend entirely on the terms of your lease. The First Amendment prevents the government from restricting your expression, but it does not prevent private individuals from doing so. If you are leasing your property, the land lord/ property owner has the right to put certain aesthetic... Read more »

1 Answer | Asked in Constitutional Law for California on

Q: Is religious preaching on a community college campus legal

I was detained by three city police officers when someone said I solicitated them when trying to share information from the Bible. The cops then took my id ran a background check and said if I came back they would arrest me. Is it legal to preach on a community college campus and can I legally be... Read more »

Timothy V. Kassouni answered on Nov 21, 2013

As a general matter, the First Amendment Protects the right to proselytize in public places (i.e. public parks, sidewalks etc.). However, courts have upheld "reasonable time place and manner" restrictions on the right to speak, so long as the restriction is not based on the content of the speech.... Read more »

1 Answer | Asked in Real Estate Law for California on

Q: My shared block wall s leaning onto my property. What rights do I have to rebuild. This is a safety hazard.

Timothy V. Kassouni answered on Feb 14, 2013

I would contact your neighbor and request that each of you pay half the cost of repair or replacement. If a neighbor refuses and it is a health and safety risk, you should have the fence replaced at your own cost and then seek contribution from your neighbor in court.

1 Answer | Asked in Real Estate Law for California on

Q: Does the lemon law include houses?

Timothy V. Kassouni answered on Feb 14, 2013

If you are having problems with the quality of construction of your home, you can seek remedies against the developer. You will need to consult with a construction-defect attorney.

Additionally, I would add that you should take action as soon as possible as there are statutes of limitations...
Read more »

2 Answers | Asked in Real Estate Law for California on

Q: What can we do when the neighbor intends to create property encroachment ?

Timothy V. Kassouni answered on Feb 14, 2013

I would suggest seeking a temporary restraining order if there is a threat of immediate harm. However, it would be a good idea to first contact the neighbor to try the resolve the matter without court proceedings.

Consider consulting with a local land use attorney to review your...
Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law for California on

Q: Does the 8th Amendment apply to the appeals process?

Timothy V. Kassouni answered on Feb 14, 2013

If you are asking if the appeals process is cruel and unusual punishment, the answere is it can often be a prolonged arduous process. However, if you are the appellee and receive a monetary judgement, remember that interest will continue to accrue on that award during the appeal process.

If...
Read more »

2 Answers | Asked in Appeals / Appellate Law for California on

Q: What does vacated and remanded mean

Timothy V. Kassouni answered on Feb 14, 2013

It means a reviewing court, usually a court of appeal, has determined that a trial court judgement should be vacated, or in other words, eliminated. Remand means the case will now go back to the trial court for further proceedings consistant with the reviewing court decision.

For more on the...
Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law for California on

Q: WHERE CAN I FIND FREE LEGAL HELP FOR A CASE TO BE APPEALED. WE BELIEVE THIS WASN'T A FAIR TRAIL

My children's father was found guilty of armed robbery in 2009 and sentenced to 13 years in state prison. I attended the court hearing in which witnesses testified that they never saw a weapon in his hand, but they believe he had one. There was another person involved in the incident where he has... Read more »

Timothy V. Kassouni answered on Jan 9, 2013

Below, please find legal resources that offer legal services for free or low-cost.

Los Angeles County Bar Association Lawyer Referral Service

This agency helps potential clients find attorney’s with expertise in the field of law required. They will set-up a half hour attorney...
Read more »

1 Answer | Asked in Agricultural Law for South Carolina on

Q: SC fence has been on property for 25 yrs/ person who owns land behind says I'm 3 feet on his property must I remove ?

Timothy V. Kassouni answered on Jan 9, 2013

You may have prescriptive easement over the three feet which will allow you to continue to use that area as before. If you paid property taxes on this three foot strip of land you may also have ownership of it based on the law of adverse possession. You should carefully review your property tax... Read more »

1 Answer | Asked in Land Use & Zoning for Kentucky on

Q: My family owns about 150 acres of land and some people are trying to take it. what amendments should i consult?

Timothy V. Kassouni answered on Dec 20, 2012

It is not clear who is trying to "take" your property and how. If the government wants to take your land, it will have to pay you just compensation under the Fifth Amendment. The government's power to do this is called eminent domain. To learn more about eminent domain visit... Read more »

1 Answer | Asked in Land Use & Zoning for Michigan on

Q: Can a local township ordinance disallow me from living in my building because it is zoned "industrial"?

Timothy V. Kassouni answered on Dec 20, 2012

If the industrial zoning designation was made after you were already living in the building, then you may a have a good argument that your right has been "grandfathered." Typically zoning designations cannot be applied retroactively.

For more information on zoning law visit...
Read more »

1 Answer | Asked in Land Use & Zoning for Idaho on

Q: How to get land owned and taxed by us back from neighbors who farms it. He refuses to meet with us to discuss usage.

Timothy V. Kassouni answered on Dec 20, 2012

If your neighbor refuses to discuss the issue, your remedy would typically involve a claim to quiet title to the property in question. You would argue the land is yours and you have the right to use it. However you can expect the neighbor to argue that he has a prescriptive easement to continue... Read more »

1 Answer | Asked in Land Use & Zoning for Kentucky on

Q: Can a county or city retry a person for a planning and zoning ordinance after being tried and dismissed the first time.

Timothy V. Kassouni answered on Dec 20, 2012

Generally the rules of res judicata and collateral estoppel would prevent the government for trying to litigate the same issues more than once.

To speak with a land use lawyer to have your matter assessed, consider calling our offices for a consult at (877) 770-7379 or contact us through our...
Read more »

1 Answer | Asked in Real Estate Law for California on

Q: I'm a realtor in Santa Rosa. Are there any Government retrofit requirements here. I've asked the sellers to pay for any.

Timothy V. Kassouni answered on Dec 20, 2012

The best place to start -contact the building department with jurisdiction of the property in question. Ask about their retrofit requirements and any other agencies or commissions that may have jurisdiction over property development/upgrades/renovations, contact those agencies as well with the same... Read more »

2 Answers | Asked in Appeals / Appellate Law for California on

Q: I was convicted back in 97 and i am trying to finds copies of my appeal where would i go??

Back in 1997 i was convicted of L&L and my probation was revocted dominic eyhrabid attorny was my appeals attorny and i need copies of my appeal where would i go to get them?

Timothy V. Kassouni answered on Jan 9, 2013

Your appeal attorney may still have your file at his/her office. Consider contacting the attorney for it. Depending on the nature of the case, they may still have it.

If not, contact the court where your appeal was heard.

View More Answers

2 Answers | Asked in Agricultural Law for Colorado on

Q: Question: Corporation installed an 18 inch under ground steel pipe across my farm without permission to transfer h20

Sorry more information. farm in western Colorado. Farmer next to my says he has a pice of paper show he has right. Problem the farm has been our ownership since 1901 title clear, no leans, have given about and rights. the farm was share crop and still pipe install 2 1/2 ago. absent... Read more »

Timothy V. Kassouni answered on Jan 9, 2013

Unless the corporation has a written recorded easement, or a prescriptive easement to allow for the installation of the pipe, you may have a claim for trespass. You should research the title to your property and also call the corporation to inquire as to the legal right to install the... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.