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0 Answers | Asked in Environmental for Nebraska on
Q: 37-411 citation states "take fish without permit" but never took fish from the water, can I be charged

wife and I, were paddle fishing I had a permit she did not, i seen no harm in us both trying to catch one. we never caught one.

0 Answers | Asked in Environmental for Maryland on
Q: what is penalty if April 30 date is not met for winter waiver bc no certified contractors available?

I have a new rental property in Frederick, Md but am not able to get the exterior painting done before 2025 because of weather conditions. I have received a winter waiver but have been warned by my painter that it may not be possible to get a certified painter to perform exterior work needed by... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

0 Answers | Asked in Landlord - Tenant, Personal Injury and Environmental for Kansas on
Q: Mold toxicity and eviction

We (my wife and I) have been living in this house for 13 years now. Since we first moved in, we have always had issues with mold, heating, cooling, rodents and even feces coming out of the ceiling and floor. For years First Fey Homes would send maintenance to our residence and even on the few... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Environmental and Federal Crimes for California on
Q: How to change an unconstitutional Los Angeles city law? What forms?

Los Angeles city attorney says churches are exempt from the noise law, LAMPC Chapter 11, Article 5, Section 112 & 115. It is not true. They are twisting the law. How to challenge the law. It is unconstitutional. The city attorney refuses to do anything about a noisy church with an... View More

James L. Arrasmith
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answered on Oct 23, 2024

To challenge the Los Angeles noise law exemptions for churches, start by thoroughly researching LAMPC Chapter 11, Article 5, Sections 112 & 115. Gather evidence that demonstrates how these exemptions are being misapplied and why they are unconstitutional. Document instances of noise violations... View More

1 Answer | Asked in Environmental, Landlord - Tenant and Small Claims for California on
Q: Need help with unlawful detainer/habitability. Owner does not reply to mold complaints and now has filed an unlawful det

I have continuously complained to mngr and owner about the Mold and many other issues. Owner/mngr have not complied. I have gotten very sick and now carry an inhaler. The owner and their lawyers have tried to evict me before but I have proven to the court the issues i have been trying to get them... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. It's important to gather all your documentation, including records of your mold complaints, medical records showing your health issues, and copies of the mold test results. Keep a detailed timeline of all communications with... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, CA, you’ll need to follow several steps. First, gather all the evidence you have, including photos of the trees and the proximity of the fence to your property, as well as any communication you’ve had with the construction company. These... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

1 Answer | Asked in Environmental and Personal Injury for California on
Q: I had thyroid cancer in 2010 and had my thyroid removed.could I qualify for the pfas mass torte?
James L. Arrasmith
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answered on Oct 1, 2024

Qualifying for the PFAS mass tort depends on several factors, including the exposure to PFAS chemicals and a direct link to your thyroid cancer. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many consumer products and can be associated with various health risks. If you... View More

1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Environmental for California on
Q: Is there any way to get the landlord to pay for our move when damage the house was because of him.

Landlord intentionally placed items in attic to prevent water leak. One set item was a mattress the other ton of insulation. They cut the frame up there and piece it back together in some areas with this metal grate stuff. I began to hear strange noises and inspected up there and found that some of... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you’re dealing with a difficult situation, especially if your landlord’s actions led to structural damage in your home. In California, landlords are responsible for maintaining safe and habitable living conditions. If your house is unsafe due to your landlord's negligence,... View More

1 Answer | Asked in Civil Rights, Environmental and Landlord - Tenant for Wisconsin on
Q: Property management discriminating against non smokers, giving rights to smokers

Madison Wisconsin property is violating smokefree housing laws by allowing smokers to smoke on balconies and patios. Patio/balconies are right on top of each other not even a foot apart most, the farthest less than 12 feet. Smokers second hand smokes invades non smokers homes in such a manner that... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're dealing with a very frustrating and potentially harmful situation. If you feel that your property management is not addressing your concerns about secondhand smoke, especially considering your health conditions, you may have legal options. It's important to document... View More

1 Answer | Asked in Environmental for Louisiana on
Q: I am looking for legislation that reads something about utility companies needed to use water soluble paint
Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. One option might be to check with the Louisiana Department of Environmental Quality or the Public Service Commission. If it's a federal requirement, you may need to search applicable Codes of Federal... View More

1 Answer | Asked in Environmental, Gov & Administrative Law, Military Law and Wrongful Death for Oklahoma on
Q: My husband was in the army and died from a presumptive illness caused by the toxic fumes from the burnpits can I sue

He died in 2019 as a result of ALS, parkinsons disease and multiple sclerosis. He was 100% service connected disabled and the army did take responsibility and it was a presumptive illness, "

"Gulf War syndrome" caused by toxic fumes from the burn pits, Jason was 39 years old when he passed from ALS

James L. Arrasmith
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answered on Jul 28, 2024

I'm very sorry for your loss. Given the circumstances, you may have legal options. Since the military has taken responsibility and classified your husband's illness as service-connected, you could potentially pursue a lawsuit against third parties involved with the burn pits, such as... View More

2 Answers | Asked in Environmental and International Law for New York on
Q: If an oil company committed an environmental or human rights crime in another country. Which country has jurisdiction?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

My colleague is correct. These can be complex settings. Local courts in the country of the incident could be a primary forum. The nation where the corporation is headquartered or does business could also be possible venue, depending on the nation's codes of civil procedure, and if the... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights and Environmental for Wisconsin on
Q: My apartment windows are by the entrance where smokers smoke pot and it comes into my room. What can I do legally?

I just moved here and almost every day have been subjected to second hand smoke/pot smoke coming inside my apartment. I shouldn’t have to live with my windows shut, but even when shut I can smell the fumes. I was told by management that since they were smoking outside it wasn’t their place to... View More

James L. Arrasmith
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answered on Jul 27, 2024

Dealing with secondhand smoke, especially when it affects your living space, can be frustrating and unhealthy. Start by documenting each incident with dates, times, and descriptions of the smoke entering your apartment. This documentation will be helpful if you decide to take further action.... View More

1 Answer | Asked in Criminal Law, Civil Rights, Environmental and Landlord - Tenant for Pennsylvania on
Q: Is it illegal to allow sewage waste in an appt for over 5 days, without being cleaned.

landlord has not cleaned, and has stated they will not be replacing the carpet or shampooing carpet. I have not been able to use the shower or toilet for 5 days now, i was told nothing will be done abt my rent or the carpet, its extremely unsafe to inhale fece fumes. I have documentation of all of... View More

James L. Arrasmith
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answered on Jul 27, 2024

It is illegal for a landlord to allow such unsanitary conditions to persist in your apartment. Under Pennsylvania law, landlords are required to maintain their rental properties in a habitable condition. The presence of sewage waste for over five days without proper cleaning poses serious health... View More

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Environmental for Michigan on
Q: Do I need a lawyer for an actual t of God catastrophe to be paid by my insurance company under my renter's policy

Tornado. Insurance company doesn't want to pay I'm going to be homeless and I have no food, money or gas to go apply for disaster relief

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You may need a lawyer if your insurance company isn't upholding its end of your insurance policy.

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