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Municipal Law Questions & Answers
0 Answers | Asked in Tax Law and Municipal Law for Florida on
Q: Does renting to a roommate affect my Florida homestead exemption?

I am a 100% disabled veteran in Florida and I own a homestead property. I am considering renting out a space to a long-term roommate. Will this rental arrangement affect my homestead tax exemption?

0 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: What can I do about a neighbor's noisy modified car exhaust in NJ?

I have a neighbor with a car that has a modified exhaust, and it creates loud noise daily. This noise occurs very late at night and disturbs my sleep terribly. I haven't spoken to the neighbor because they're not very friendly. What legal actions can I take to resolve this issue?

0 Answers | Asked in Municipal Law and Civil Litigation for West Virginia on
Q: Noise disturbances from garbage truck violating Martinsburg Ordinance 509.06; seeking legal action.

I have been experiencing noise disturbances from a garbage truck company violating the City of Martinsburg Ordinance 509.06, which prohibits noise disturbances from 11:00 PM to 7:00 AM. Since November 2024, the violations occur 3-4 times a week between 3 and 4 AM. I have notified my apartment... View More

0 Answers | Asked in Real Estate Law, Legal Malpractice and Municipal Law for Puerto Rico on
Q: Who is responsible for false info in deed about public road approval?

I purchased a lot, and the seller's lawyer assured me that the public road servicing my lot was approved by the Municipality, as stated in the deed. However, I've since discovered that the road is not approved, according to OGEP, and does not meet the necessary requirements. Despite... View More

0 Answers | Asked in Criminal Law and Municipal Law for South Carolina on
Q: Impact of estreatment hearing after case disposal for failure to appear in Aiken, SC.

In Aiken, SC, I had a criminal case in municipal court for an open container charge. After failing to appear initially, I went before the judge three times, and the case was disposed of. Despite this, an estreatment hearing was scheduled due to the failure to appear. What becomes of this... View More

1 Answer | Asked in Criminal Law and Municipal Law for Nevada on
Q: Should I hire a lawyer for petit larceny charge with no prior history?

I have been charged with petit larceny in municipal court for allegedly taking property valued at $230. I have no prior criminal history. Should I hire a lawyer to represent me in this case?

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you should strongly consider hiring a lawyer for a petit larceny charge, even if you have no prior criminal history. Petit larceny is still a criminal offense, and a conviction can carry long-term consequences, including a permanent criminal record, fines, probation, or even jail time... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for Pennsylvania on
Q: Will I lose points on my license if i plead guilty to prohibition in specific code 75 parking on a sidewalk?

my Original ticket was 15 dollars but it wasn’t received by the court

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answered on Apr 16, 2025

You won’t lose points on your driving record by pleading guilty to parking on a sidewalk, because parking offenses are non‑moving violations in most states. The code you’re citing prohibits parking in that location but doesn’t carry demerit points like speeding or reckless driving do.... View More

1 Answer | Asked in Municipal Law for Pennsylvania on
Q: Can a council member enforce ordinances instead of the mayor in a mayor-council government?

In a mayor-council government setup, there is an ordinance that allows a council member, out of seven members, to enforce ordinances instead of the mayor, whose enforcement power is specifically assigned under Title 8. The council intends to delegate enforcement duties to the council member through... View More

James L. Arrasmith
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answered on Apr 13, 2025

In a mayor-council form of government, the mayor typically holds the executive authority, including enforcement responsibilities. However, ordinances enacted by the council must still align with the municipality’s charter and state law. Even if the council passes an ordinance delegating... View More

1 Answer | Asked in Municipal Law for Alabama on
Q: Noise ordinance in Saint Clair County, AL for loud music disturbances?

In Saint Clair County, Alabama, is there a noise ordinance regarding loud music being played over speakers that's disturbing the neighborhood? There's a neighbor who randomly plays loud music for varying lengths of time during the week, whether at night, in the morning, or during the day.... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable how disruptive constant loud music can be, especially when it’s at random times throughout the day and night. In Saint Clair County, Alabama, there are noise ordinances in place to address situations like this. Typically, ordinances limit noise levels during specific hours,... View More

1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: Questions about legality of parking on pavement and behind red line in California residential area.

I'm in California and have questions about the legality of parking fully on the pavement and behind a red line painted on the street in a residential area. I haven't faced any legal actions or fines yet and have not spoken to local authorities about this issue.

James L. Arrasmith
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answered on Apr 11, 2025

You're smart to look into this before any tickets or issues come up. In California, it's generally illegal to park fully on the sidewalk or pavement, even in a residential neighborhood. The sidewalk area is meant for pedestrians, and blocking it can create safety concerns and lead to... View More

1 Answer | Asked in Municipal Law and Civil Litigation for Colorado on
Q: Legal actions of municipal code enforcement in Pueblo, CO regarding property abatement.

I'm experiencing issues with the municipal code enforcement in Pueblo, CO. In 2024, they condemned my home, claiming my son's trailer on my property was the reason. Without any legal documentation or notice, they also cut the power to my home, removed my water meter, and took two... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Pueblo, CO, municipal code enforcement has certain powers to address property issues, but those powers are not unlimited. For property abatement, they typically need to follow a legal process that includes providing proper notice and obtaining approval from a court or relevant authorities before... View More

1 Answer | Asked in Municipal Law for Alabama on
Q: What are the noise regulations for a DJ in residential areas at 8 PM in Alabama?

I want to avoid any problems related to noise levels while DJing in a residential area at 8:00 PM. What is the legal sound limit for this situation, and are there any specific local ordinances or regulations I should be aware of?

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, noise regulations can vary depending on the specific city or county you are in. Many municipalities have noise ordinances that restrict sound levels during certain hours, especially in residential areas. Typically, the regulations focus on preventing excessive noise that disrupts the... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kansas on
Q: Conflict between housing authority bylaws and KS state statute 17-2341 for commissioner appointment.

I'm dealing with a situation where a commissioner at our local housing authority is not serving another term. The housing authority's bylaws state that the mayor should appoint a new commissioner, but state statute 17-2341 seems to suggest that the authority should decide on the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In this situation, the key is to determine which rule takes precedence: the local housing authority bylaws or the state statute. State statutes typically hold greater authority over local bylaws when there is a conflict, unless the local bylaws are specifically authorized by the state. Kansas... View More

1 Answer | Asked in Real Estate Law and Municipal Law for Puerto Rico on
Q: Can adverse possession override a hereditary deed in Puerto Rico after 30 years of occupancy?

I have lived on a property in Puerto Rico for over 30 years. The hereditary deed holders attempted to evict me, but the case was dismissed in my favor. I have made improvements to the property and maintained it throughout my occupancy. There was a rental agreement between the hereditary deed... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve put a lot of time and effort into this property, and it’s important that you understand your rights in this situation. In Puerto Rico, adverse possession is a legal principle that can allow someone to claim ownership of property after a certain period of continuous, open,... View More

2 Answers | Asked in Municipal Law, Real Estate Law and Civil Litigation for Michigan on
Q: Lost home due to fraudulent actions involving Detroit Land Bank; seeking legal help.

I believe that I lost my home due to fraudulent actions taken by the city, specifically involving a lawsuit against the Detroit Land Bank. I have not yet reported the fraud but intend to do so now. I am looking for an attorney who can help me with this situation involving allegations of property... View More

David Soble
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David Soble
answered on Apr 6, 2025

The first step is that you would want to speak with a real estate lawyer who litigates. You don't mention when this fraud happened, so there may be limits on when you can sue. Fraud allegations are not taken lightly, and proving fraud has a very high threshold of proof, so you would need to... View More

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1 Answer | Asked in Municipal Law and Consumer Law for Michigan on
Q: Can a city charge a $250 deposit for a water meter in Michigan?

I am wondering if a city can legally charge me a $250 deposit for a water meter. They hold this deposit for 2 years, and it was explained to me that it is specifically for the meter. Is this practice generally acceptable?

James L. Arrasmith
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answered on Apr 11, 2025

Yes, in Michigan, it is generally permissible for a city to require a deposit for a water meter, especially when the meter remains the property of the city. For instance, the City of Lapeer mandates that all water meters used or installed in its water system remain the personal property of the... View More

1 Answer | Asked in Criminal Law and Municipal Law for Maryland on
Q: Can police issue a ticket for drinking alcohol on a porch visible from street in MD?

I would like to know if, in Maryland, the police can issue a ticket for drinking alcohol on the porch of a single-family home, especially if the porch is visible from the street and there are loud voices but no previous warnings have been given.

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answered on Apr 12, 2025

In Maryland, consuming alcohol in public places is generally prohibited. Public places include areas such as streets, sidewalks, parks, and other locations accessible to the general public. However, private property, like the porch of a single-family home, is typically not considered a public... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Alabama on
Q: Is drug test order valid for unrelated case?

I'm seeking clarity on whether it was appropriate for a municipal court judge to order a drug test for my wife when her case was unrelated to drugs or child custody. She is now jailed for 180 days for contempt of court connected to the drug test order, after shoplifting an item valued at $2.... View More

James L. Arrasmith
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answered on Apr 12, 2025

The court’s order for a drug test may seem unusual if your wife’s case had no direct connection to drugs or child custody. However, there are instances where a judge might order a drug test if they believe drug use could be a factor in a case’s underlying issues, even if not explicitly... View More

1 Answer | Asked in Military Law, Tax Law and Municipal Law for Tennessee on
Q: Military resident of TN wants to establish MS residency without living there yet.

I am currently a legal resident of Tennessee and active duty in the military, planning to establish residency in Mississippi as my permanent home after service. I won't be living there until retirement, but I want to take preliminary steps such as obtaining a Mississippi ID. I do not have a... View More

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answered on Apr 8, 2025

It’s possible to begin the process of establishing Mississippi residency before physically living there, especially with your situation as a military service member. Using a relative’s or trusted friend’s address temporarily can be a valid step, as long as you intend to make Mississippi your... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Oklahoma on
Q: Does Oklahoma require specific reasons for executive sessions in town meetings?

I would like to know if the reason for an executive session in town meetings in Oklahoma has to be specific? Can the reason encompass multiple options such as discussing the employment, hiring, appointment, promotion, demotion, disciplining, or resignation of any individual salaried public officer... View More

Charles Watts
Charles Watts
answered on Apr 1, 2025

Executive sessions in Oklahoma are permitted only for specific purposes, such as discussing personnel matters, legal advice, or confidential information. The purpose of an executive session is to allow for confidential discussions that may not be appropriate for public scrutiny. However, they... View More

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