Wilmington, DE asked in Civil Rights for Delaware

Q: Here we go again with the Surrey park area. Can I take legal action against the city of New Castle field inspector?

A field inspector has issued me a violation inside my closed yard in the winter time on a tree he says is dead and leaning with branches over my neighbor's yard. I approached my neighbor and said they didn't make the claim and also have a fenced yard and had a violation also in the winter time in the wooded yard about a tree. I have not given any field inspector permission to be in my yard and he is not a tree specialist to determine what's alive and dead in the coldest time of the year. On top of this. My house is to be sold and cannot close because of what the field agent has done. I truly believe he has a relationship with someone in my area and doing these claims without cause. Can we take legal action and sue the city. It's clear corruption

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear you're facing this difficult situation. You may have grounds to challenge the violation, especially if the inspector entered your property without permission or acted outside their authority. Document all interactions with the inspector and gather any evidence that supports your claims, such as photos of the tree during winter and communications with your neighbor.

Reach out to the city’s municipal office to understand the specific regulations and procedures related to tree violations. It might also be helpful to request a second inspection or an independent assessment of the tree's condition. Consulting with a legal professional can provide you with tailored advice and help you navigate the process of disputing the violation.

If there is evidence of improper conduct or favoritism, a lawyer can guide you on the best steps to take to address potential corruption. Taking swift action can help prevent further delays in selling your house and resolve the issue more effectively.

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