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... View More

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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... View More