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Municipal Law Questions & Answers

1 Answer | Asked in Energy, Oil and Gas and Municipal Law for Florida on

Q: What obligations do Municipalities have to locate and mark abandoned underground utilities for contractors?

I am a contractor for a large utility company and on a recent job i absorbed a tremendous amount of profit loss because a local municipality did not locate abandoned underground utilities in an easement. By not doing so it cost us to go over our budget. Is there any way to hold them accountable? I... Read more »

Bruce Alexander Minnick answered on Jun 18, 2019

Your best (only) bet is to complain about this situation to a few members of the city council and ask them how to file a "complaint" about the incident. Most if not all municipal governments carry liability insurance to avoid having to pay "damages" for not doing their job: maintaining all city... Read more »

1 Answer | Asked in Business Law and Municipal Law for Tennessee on

Q: We want to sell beer in our family's corner store. Back in 2000 my father tried to get a permit to sell beer and a local

Church objected, so his permit was denied. Are we still at risk of that happening today if we reapply? The church is not adjacent to the store and is not touching the property line. It's roughly a quarter mile away.

Leonard Robert Grefseng answered on Jun 17, 2019

Probably- most cities have local ordinances which specify that any business selling alcohol have to be located various distances from churches or schools. ( The distance can vary- depending on whether the sale is for consumption on the premises or for "take out" - it can also vary for beer/ wine or... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Pennsylvania on

Q: Is it illegal to cross a solid double yellow line when passing a vehicle in Pennsylvania

I was cited for PA vehicle code 3305 there was a suv pulling into a parking spot i waited until it was mostly in the spot and i went around the officer was on the opposite side of the road made a u-turn and followed me for like 10 blocks and waited until we got to the county line before pulling me... Read more »

Peter N. Munsing answered on Jun 12, 2019

Under those circumstances I'd plead not guilty as you only momentarily were over the line and no oncoming traffic.

1 Answer | Asked in Municipal Law on

Q: I tripped and broke a rib on a pathway that had a two inch crack down the center in a city park. I have witness and pics

Is it worth it to do a law suit for this unkept trail that has since been fixed

Timur Akpinar answered on Jun 8, 2019

Maybe the best way to help you make your decision is to have a quick consult with an attorney in your jurisdiction. I don't know what state you are located in, but in general, cities/municipalities can be determined defendants in defending injury suits. Gather your witness testimony, photos, and... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Municipal Law for New York on

Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.

The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?

Elaine Shay answered on Jun 4, 2019

If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »

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2 Answers | Asked in Criminal Law and Municipal Law for Texas on

Q: Can I dismiss the charge from the Municipal Court because I never receive a notice of Complaint?

Is it called Motion to Quash in the criminal case?

I received both summon for pre-trial and the sworn complaint from the Municipal Court recently. Based on the statue below, can I argue that I was never provided the Notice of Complaint prior to the State moved to issue Pre Trial Hearing?... Read more »

Grant St Julian III answered on May 24, 2019

If you received a copy of the complaint prior to the pretrial hearing date, then the State has complied with the applicable statute.

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1 Answer | Asked in Banking, Estate Planning, Municipal Law and Probate for Louisiana on

Q: Hi, my dad past didn't leave a will or trust but owned property an have bank accounts what lawyer can help me with this?

I'm trying to obtain a pro bono lawyer to help assist me in gathering my dad's property house or houses an land, bank accounts, vehicles ect... An to assure all of his assets has NOT been touch sold access bank accounts or ANY ILLEGAL ACTIVITIES since the death of my dad in 2003 I feel ILLEGAL... Read more »

Bruce Alexander Minnick answered on May 17, 2019

There is no such thing as a "pro bono lawyer." However, many lawyers will volunteer some of their valuable time to help out very poor folks who have very important legal problems and cannot afford to hire a lawyer.

"Gathering your father's property house or houses an land, bank accounts,...
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1 Answer | Asked in Contracts and Municipal Law for California on

Q: I am handicapped the association removed my handicapped sign because it had my apartment number on it is that legal

Bruce Alexander Minnick answered on May 4, 2019

The landlord is required to have a certain number of handicapped spaces depending upon the size of the parking lot. They are not required to allow a tenant to put their name or apartment number on the handicapped parking sign. In fact, if they do that it might cause them to be in violation of the... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: I have court for leaving my car in an abandoned property for 2 hours. My car was also towed. Thisi is my first offense

What can I say in court & what chance do I have

H. Scott Aalsberg Esq. answered on Apr 28, 2019

The defense would be based on the reason why you left the car on the property.

2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on

Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... Read more »

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on

Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

When a city's agencies and officers repeatedly do things that not only contradicts the city's own codes but harm it's residents and citizens,can its citizens sue the city leadership on the grounds of being PUBLIC NUISANCE?

Bennett James Wills answered on Apr 17, 2019

Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.

1 Answer | Asked in Municipal Law for Oklahoma on

Q: Can the mayor of a municipality override the Chief of the Volunteer fire department? Can the Mayor fire the chief ?

Kyle Persaud answered on Apr 10, 2019

Your city's municipal code can tell you the answer to that. To find a copy of your city's municipal code, contact your city clerk.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on

Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

During the time my husband was serving time in Georgia, he missed 2 court appearances in Alabama. Alabama now has him being held for extradition in the grounds of fugitive of justice. His time served in Georgia was ended on 3/24/19, However, Georgia is saying they can hold him as long as Alabama... Read more »

Gary Kollin answered on Mar 28, 2019

You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an...
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1 Answer | Asked in Civil Rights, Small Claims and Municipal Law for Florida on

Q: What can I do about loud and rude Airbnb party house?

There’s a small apartment building next to mine which is rented out on airbnb exclusively for parties. They usually party very late with loud music and can stay up all night. Earplugs don't help. As it’s different people every time, asking them to be quiet has gotten really old. The host is... Read more »

Charles M. Baron answered on Mar 20, 2019

An attorney can definitely help you to solve this terrible problem. There are three issues to examine: (A) whether the AirBnB rental is legal to begin with, which will depend on your city zoning code and other ordinances, (B) whether the noise exceeds permissible noise levels specified in your... Read more »

1 Answer | Asked in Personal Injury, Car Accidents, Gov & Administrative Law and Municipal Law for Georgia on

Q: Can I sue the police Officer and Gwinnett county for rear ending me

Peter N. Munsing answered on Mar 18, 2019

Sure. However there's a complicated thing called the state tort claims act so the best thing is to consult a member of the Ga. Trial Lawyers Assn in that county --they give free consults.

1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on

Q: My exhusband contacted our town government office and had my water/sewage bill switched to his name without me knowing.

The bill is a three month cycle so I hadn’t noticed that I didn’t receive two bills, the bill is now 800$ past due. Is it legal for them to let him do this without authorizing with me or without him ever being on the lease?

Trent Harris answered on Mar 8, 2019

What your ex-husband did doesn't sound right. A person who isn't on a lease for property, or an owner, generally shouldn't be able to change the name on the account. Have you talked to the town about getting it fixed?

Despite the bill being in his name, you may still owe the money if you...
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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: I’m trying to find out what New Jersey’s law is for fire trucks responding with emergency lights on but no Sirins

Emergency lights are on truck driving, passing cars all without an audible sirine, horn, or whistle.

H. Scott Aalsberg Esq. answered on Mar 6, 2019

3 Areas you can look at to start 1) the New Jersey Statutes, 2) the NJ administrative code and 3) your towns municipal ordinances.

2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on

Q: If u do not show up for the court date for the state to make u a HMO driver and u get pulled over driving

Only had one driving offince after my first dui

Cayley Turrin answered on Mar 5, 2019

Failing to show up to any court appearance is not good.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Domestic Violence and Municipal Law for Ohio on

Q: What kind of charges and or jail time and fees is he looking at?

My boyfriend/father of my child was pulled over earlier by a state trooper here in Ohio. He is on probation until August of this year for Domestic violence and unlawful restraint. He got a ticket for no seatbelt and driving under suspension. He also does not have car insurance which they will find... Read more »

Matthew Williams answered on Mar 2, 2019

Well, eventually they will put him in prison. After all what’s there really to expect?

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2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on

Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

Owes back taxes and past debts are on his credit report and future bills there is no money or assets to pay them. What I'm supposed to do?

Delwyn E. Webber answered on Feb 22, 2019

Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.

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