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Municipal Law Questions & Answers
1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois on
Q: Want to put in a fence but restriction on plat are in the way. The city doesn't know who owns the plat restrictions.

We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:

1. Fencing is... Read more »

Robert Shipley
Robert Shipley answered on Oct 22, 2020

Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for California on
Q: Can i use a bb gun as property protection in ca
Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

Not a good idea to use a BB gun for anything other than target practice. Probably a municipal code violation if not a penal code violation.

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1 Answer | Asked in Personal Injury and Municipal Law for Florida on
Q: Why can't the police unions be sued if they interfere with the discharging or hiring of officers with procedural violati
Charles M.  Baron
Charles M. Baron answered on Oct 15, 2020

Your inquiry is too vague as to the "interference" you are referring to.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Municipal Law on
Q: Will and testament

I'm a law student from Mexico, and I've been wondering how E.E.U.U. regulates wills and testaments, and I would like to know where is reflected, I'll be very grateful if you can answer my doubt.

Tim Akpinar
Tim Akpinar answered on Oct 15, 2020

You could repost your question in the Probate and Estate Planning categories. There's no guarantee all questions are picked up, but those categories are closer to the topic you ask about. You might have better chances of a response there. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Is a power of attorney from myself to a relative in Puerto Rico from total legal valid in puerto Rico

I live in Florida and cannot travel to Puerto Rico, my cousin lives in Puerto Rico and can handle the land and house my father left when he died in June 2020

Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

This sounds like something that an attorney practicing in Puerto Rico could advise best on - you may want to repost it there. But you await an answer for three weeks. As a GENERAL matter, jurisdictions could have their own requirements for POAs. But as a general matter, it can SOMETIMES be at the... Read more »

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Illinois on
Q: Who does one contact if a department violates this law?
Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

It looks like part of your post may have gotten left off - that's probably why it remains open for four weeks. There's no guarantee all questions are picked up, but if you included what the law you're talking about is, a Chicago attorney would be in a better position to offer... Read more »

2 Answers | Asked in Municipal Law for California on
Q: Is there anything I can do to report a company that unsafely operates heavy equipment on a public sidewalk?

This is a business/industrial area without a lot of foot traffic, but there are many people that must take the bus and then walk or ride their bike to work from the bus stop. The company stores pallets near the sidewalk and drives their forklift onto the sidewalk, backing up without looking to see... Read more »

William John Light
William John Light answered on Oct 8, 2020

If its a violation of a Municipal ordinance, you can ask the police to patrol and cite. The employer may also be in violation of workplace safety rules, so you could make a complaint to Cal-OSHA and it might investigate and require modification of the workplace practices.

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Q: Hard authorities search: Deprivation due to payment processing location being closed. Tried to pay, not possible

Preventing deprivation not possible. Need authority to cite if it exists. Trying various search terms for many days. Car booted while awaiting payment of fines, tow ordered 72 hours later, but payment processing center not open and no other means available. Tried to make payment while boot attached... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 5, 2020

IS THIS FOR CALIFORNIA?

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1 Answer | Asked in Municipal Law for South Carolina on
Q: If I received a municipal ticket and showed up for court but the officer didn't, do I still have to pay?

I received a ticket for petit larceny and showed up for court but the officer that wrote the ticket did not, do I still have to pay the ticket? South Carolina

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

I would need more information in order to answer this question. Did you request that the case be dismissed when the officer did not show up? Did you enter a plea to the charge? More information is needed in order to answer your question.

2 Answers | Asked in Landlord - Tenant, Collections, Municipal Law and Small Claims for North Carolina on
Q: A tenant defaulted on rent and abandoned an office in NC. Their HQ is in GA. Can I use small claims court in NC to sue?

The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 2, 2020

You cannot file in small claims court if the defendant is not a resident of the same county. Your only option is the district court, sorry.

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1 Answer | Asked in Municipal Law for Florida on
Q: Is it possible for home owners in a specific area to file a class action lawsuit against the city for negligence?

The area of town in which I live in has very badly maintained roads. The city has started repair on roads in another part of town where the roads are in good shape. Ours have been neglected for years and are not only dangerous, but our property values are not increasing at the same rate as other... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2020

A Florida attorney could advise best, but your question remains open for two weeks. There might be more effective less costly methods of trying to bring attention to the roads of your community. One option could be to reach out to your elected officials, starting out at the local level. Such a... Read more »

1 Answer | Asked in Municipal Law for Florida on
Q: Can the city force my to unplug my boat ? They do allow RV's and campers to be plugged in.

I live in Oak Hill Florida. I have a 42 foot boat moored to my dock in my backyard canal. i have lived here about 25 years and have always had a big boat and kept it plugged into my electric to keep the inside integrity of my boat good and free from mold.

Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

A Florida attorney would be able to advise best, but your question remains open for five weeks. If a statute is cited in the prohibition, you could look into the reasoning behind it. You could research the statute or consult with attorneys who are familiar with the priorities and goals of local... Read more »

5 Answers | Asked in Car Accidents, Personal Injury, Gov & Administrative Law and Municipal Law for California on
Q: I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home

I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 16, 2020

MORE INFO NEEDED.

DO YOURSELF A FAVOR AND MAKE A FREE APPOINTMENT WITH A PI LAWYER WHO CAN GET YOU COMPENSATION IF YOU WERE NOT AT FAULT.

IF THAT IS THE CASE, THEN IF YOU CONTACT ME I WILL GIVE YOU SEVERAL NAMES TO CONSIDER.

HOWEVER, DON'T DISCUSS CASES LIKE THIS ON AN...
Read more »

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1 Answer | Asked in Real Estate Law, Municipal Law and Probate for Maine on
Q: How to clear the house title

My gram passed (no will) and her husband passed 6 moths later (no will step kids only) After she passed he never titled the house in his name. the hiers from my gram are all on the same side. gramps parents and siblings are all passed. Does the title to the house stay with my grams estate since he... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Hire an attorney in Maine to conduct a title search. You have not stated what estate the grandparent had. Once the title is determined, then the heirs at law are determined. Heirship needs to be determined up to the present, and these are owners as tenants in common. A complex Affidavit of... Read more »

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2020

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: Had court date but pandemic came. Wasn’t given a court date and license for suspended

I got scheduled a court date for 39:3-40 back in March for my insurance I believe. Pandemic came and they scheduled it again for June but courts weren’t open. Just paid that ticket from the courts and it was $153 plus $33 court fees. Before me paying that ticket, I got pulled over again for my... Read more »

Leonard A Englander
Leonard A Englander answered on Sep 6, 2020

Hi there,

That sounds frustrating. I doubt you will lose your license. In all likelihood, you will show up at the mandated hearing, explain what happened to the prosecutor and if you can show proof that everything is in good order (ie. license is back in good standing, registration is good,...
Read more »

1 Answer | Asked in Family Law, Child Custody and Municipal Law for Ohio on
Q: My mother filed for custody of my daughter in Ohio. What will happen if I don't go to any of the hearings?
Joseph Jaap
Joseph Jaap answered on Sep 1, 2020

If you don't attend the hearing, the judge will conclude you don't care, and so your mother will likely get custody.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Pennsylvania on
Q: How does one find contingency lawyer?. I'm pro se in Federal civil rights case. Judge/neutral evaluator agree strong

I'm the plaintiff in a current case against a municipality, the judge and the nuetral evaluator have suggested that I find a contingency lawyer as I have a strong case. We are currently in the process of filing depositions. Held in the Western District state of PA

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

A Pennsylvania attorney could best guide you, but your question remains open for four weeks. You could use the Find-a-Lawyer tab above to find someone, or you could search online independently. Good luck

Tim Akpinar

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Municipal Law for Louisiana on
Q: What Are The Legal Definitions Of Self Defense And Of Lex Talonis?

Dixon

E. Alexander Laird
E. Alexander Laird answered on Aug 23, 2020

In Louisiana, a person has a a right to use force to prevent imminent injury. But the force must be reasonable and apparently necessary. You do not have a duty to retreat.

You must also not be the initial aggressor in the confrontation.

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