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Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Municipal Law for Kansas on
Q: Is there a difference between spilling a load on a city street versus on a highway
Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

A Kansas attorney could answer best, but your post remains open for two weeks. One possibility is that if the highway is federal, jurisdiction over a spill could involve higher levels of government response. It could also depend on what is spilled, as between something like gravel versus a... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Municipal Law and Public Benefits for New York on
Q: What are the laws regarding public speaking in a city like NYC?

Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

1 Answer | Asked in Civil Litigation, Constitutional Law, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer that I have used before represent the other party

I am suing a company and the lawyer that is representing them is a lawyer I have used in the past

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Texas attorney could answer best, but your question remains open for two weeks. It's difficult to address such a situation with a quick response. Aside from applicable Texas rules for attorneys, it could hinge on what you used the attorney for in the past, what she or he knows about you, any... Read more »

1 Answer | Asked in Adoption, Animal / Dog Law and Municipal Law for California on
Q: My outdoor cat was feral, then I tamed him. He isn't registered. I need to take him to the vet. Will he be impounded?

Will I be fined? Also, do vets care if pets are not registered? Do they offer pet registration services? I couldn't find anything on these in my city (Fremont)'s ordinances or regulations, so please let me know what the city law would say about this.

William John Light
William John Light answered on Jul 27, 2020

Whether vets report unregistered pets isn't a legal question. Call the vet and ask. I've never heard of that happening, but I don't know the practices of every veterinarian.

Fremont requires a license for every dog or cat that is owned, maintained or boarded that is over...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer I have used in the past be hired by the other side
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Texas attorney could advise best, but your question remains open for a week. As a GENERAL matter, it could be conflict, maybe not be the readily apparent type where an attorney could not simultaneously represent two parties of opposed interests in the same transaction (such as both sides in a... Read more »

1 Answer | Asked in Municipal Law for Florida on
Q: Can I get out of paying below ordinance?

I received a bill from City of Umatilla (which I am a resident), for a bill of $144 for a storm water service back dated to 2017. I don't have water or sewer from city. I have well and septic tank. then there will be a $4 month added to my trash pickup bill. I don't think I should have to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2020

The symbol means "section".

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: If my front tinted windows were all the way down and I have no tint on front windshield just rear windows and rear back

Is it probable cause to write me a ticket while ot was still a little light out also. If so I'm trying to pull up the price for 1 n hf weeks now and Newark NJ isnt coming up that on the internet and not answering phones.Do you know around what price ? Thank you

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2020

Unfortunately your not allowed to have tinted windows in NJ unless you have a medical exception, they are factory tints or your tints is no more than the legally allowed percentages.

1 Answer | Asked in Municipal Law for Rhode Island on
Q: I am retiring on July 10, 2020. The municipal budget will be voted upon on July 18, 2020, postponed due to the COVID-19,

the coronavirus. Usually this meeting is held in May. In the budget is a 2% raise for employees, and I would have retired based on that pay rate/scale. If it is passed, am I eligible for that pay rate to retire on, and am i eligible for retroactive pay dating back to the beginning of the fiscal... Read more »

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Congratulations on your coming retirement. Gather your plan documents and make an appointment with your attorney to review those plan particulars. If the budget is enacted retroactively, I would assume that would answer your question.

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Virginia on
Q: Has there ever been a case that was successful in the US where city council members were sued for their breach of oath

of office and the prosecutor won?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

There is a concept called "immunity" in the law that shields people in public office from citizen disputes over discretionary decisions that are made. Police have it, council and school board members have it, judges have it and POTUS has it. An exception to this would be when the public... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Municipal Law for Illinois on
Q: Does Illinois require gutters? I live in Chicago and my roof is a gable roof.

If my neighbor is complaining about installing gutters, do I have to install them? Am I legally obligated to install them?

Tim Akpinar
Tim Akpinar answered on Jun 16, 2020

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to reach a local attorney, you could start some self-help research by looking into state building codes (and local ones as well, if they address the issue). If such regulations or codes exist,... Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for Pennsylvania on
Q: How can I legally add and deed 1/2 of a paper road to my property? The other 1/2 to my neighbor? It existed since 1956.

Subdivision plan from 1956 shows a named paper road between my property and my neighbor to my right. It runs back into another property behind us. All deeds from 1956 to current, name the road on them as a boundary line with measurements of distance, utility right of way, etc. The property... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 8, 2020

If your unfriendly neighbors have no other access to their property, then they'll almost certainly get to keep using that "paper road" as a means to reach their property. A court will not render a property virtually worthless and unusable by "landlocking" it, and would... Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for Pennsylvania on
Q: If I own property in hatillo P.R. and I live in pa could I loose my property if I haven’t lived there
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Unlikely, unless you didn't pay any property taxes, didn't collect mail at your old address, or have judgment liens on the property.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Texas on
Q: How can I receive any evidenciarte material for my casw

March 25th 1-35 South. Fender Bender. I DON’T DRINK at all. They want to install equipment where I blow into

Kiele Linroth Pace
Kiele Linroth Pace answered on May 27, 2020

Hire a criminal defense attorney to obtain copies of evidence through the "discovery" process outlined in Article 39.14 of the Texas Code of Criminal Procedure.

1 Answer | Asked in Land Use & Zoning, Municipal Law and Small Claims for Florida on
Q: We are an HOA in Florida many properties adjoining the golf course.

Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2020

"No trespassing" signs would be a start.

1 Answer | Asked in Municipal Law for Mississippi on
Q: What should you do or expect?

If your accused of shoplifting and at the store u receive a citation telling you when to appear in court but the letter in mail is showing like you were arrested and when the arraignment is. Also its the first time you have had any legal trouble.

Arthur Calderon
Arthur Calderon answered on May 16, 2020

That first date should be the deadline to plead guilty or not guilty. Assuming you plead not guilty, they will then set the matter for trial at some point in the near future.

With that in mind, you should always plead not guilty, and then have your lawyer gather information concerning the...
Read more »

Q: My small town with a population less than 10K is on track to pay the city attorney 500K annually. Is this normal?
George W. Wolff Esq.
George W. Wolff Esq. answered on May 8, 2020

It does seem excessive.

Did they handle any litigation for the City?

Maybe they should put it out for bid?

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1 Answer | Asked in Business Law and Municipal Law for Oklahoma on
Q: Is it Legal for the city utility office to require payment on an old account from 13 years ago Before turning on utilits

Oklahoma Statutes

Title 12. Civil Procedure

§12-95. Limitation of other actions.

Universal Citation: 12 OK Stat § 12-95

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2020

You have cited a stat statute that governs litigation in the state courts. The city utility is not suing you for the ancient bills you never paid; they are telling you to pay your ancient debt or go get your utilities elsewhere. Be happy they are not asking for interest on this 13 year old... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: A municipality enacted more aggressive measures than the state in regards to their Covid-19 response, can they be sued?

A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... Read more »

Charles M.  Baron
Charles M. Baron answered on May 1, 2020

I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... Read more »

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2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

Matthew J Hartnett
Matthew J Hartnett answered on Apr 30, 2020

The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... Read more »

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