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Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: is it legal to take a bus stop sign off the ground if there's already a replacement up in place?

they're the exact same sign in the same place, this one was just untouched on the ground for a few months & i like it because its a stop right down my street

Lissa McKinney
Lissa McKinney answered on Apr 4, 2021

Of course it is! You stole a sign that belonged to the city that was doing replacements. Whether it was trash or not or abandoned might be e defense if you are accused or get caught. If it was lying there for months it may have been begging to be taken but it did not belong to you and you did not... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law on
Q: is thier any way to fight the added costs that a rm added to taxes in arrears?it over 5 times original debt
David Ostrove
David Ostrove answered on Mar 3, 2021

If you have a legal excuse, the government has the power to reduce or forgive penalties.

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

Morris Leo Greb
Morris Leo Greb answered on Feb 28, 2021

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Criminal Law, Real Estate Law and Municipal Law for Arizona on
Q: When encountering a no trespassing sign does the act of trespass begin after passing the sign or before

if you are homeless and sitting on a curb in front of a fenced property where a sign is posted are you in violation of trespassing by just being near a sign or do you have to cross onto that property/pass the posted sign. Extendedly, if you are homeless and you are sitting on a curb/sidewalk... Read more »

Mike Branum
Mike Branum answered on Feb 23, 2021

Theoretically the trespass would occur when a person or objects breaks the plane over the imaginary property line. If the sign is directly over this line, then a person or object would have to extend onto the property past the sign before the actual trespass could be said to have occurred. If there... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Missouri on
Q: What do i do if the prosecutor of my case has lost my firearm and it's legal and in my name and has no charges
Caroline Bundy
Caroline Bundy answered on Feb 22, 2021

The prosecutor does not retain custody of people's belongings, but regardless I would speak to a criminal attorney to better help you with your question.

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

Also sounds like a real estate trespass case.

2 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Municipal Law for Florida on
Q: Can I park in front of my Lot/house on the street according to the bylaws below?

No vehicle shall be parked anywhere but on

paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,

unless specifically approved or designated for such purpose. Lot Owners' or Residents'

automobiles shall be parked in the garage or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 9, 2021

That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... Read more »

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1 Answer | Asked in Domestic Violence and Municipal Law for Colorado on
Q: Can the cops have someones vehicles towed from my property if I have a restraining order agent them?

The restraining order was from domestic violence had a portection order and it was a lot of vehicles and a camper (all his belongings were in it) I was also being told by code enforcement that they (20 some vehicles) needed to be removed or they were going to condem my property for it being... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 9, 2021

If the vehicle is his, then he has a right to it. Typically there should be some coordination from someone with regards to entry onto your property, if you own the property, to remove the vehicle.

2 Answers | Asked in Criminal Law, Domestic Violence, Municipal Law and Probate for New Hampshire on
Q: Good behaviour

Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need... Read more »

Andrew S. Winters
Andrew S. Winters answered on Feb 8, 2021

I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?... Read more »

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2 Answers | Asked in Criminal Law and Municipal Law for Georgia on
Q: If my case was “Nolle Prosequi”, will my arrest still show on a background check?

I was arrested for a misdemeanor shoplifting charge in Georgia in 2020. I completed a Pretrial diversion program and was granted Nolle Prosequi. The municipal court mentioned something about a restricted record. Will my arrest show up? Is there any way to check? I want to be able to have a clean... Read more »

Robbie Levin
Robbie Levin answered on Feb 4, 2021

If the case has a record restriction, it should only be available to law enforcement.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin, Esq.

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1 Answer | Asked in Traffic Tickets and Municipal Law for Illinois on
Q: If I contested a traffic fine and lost, would a not guilty court form improve my chances to dismiss case entirely

I consulted the law library at the court house in Lake County as to what forms to appeal my case about a red light camera fine . The two forms to appeal , one about motion to vacate looks interesting. But not sure either one will work.

Everything must be done by e file online court. Also I... Read more »

Juan Ooink
Juan Ooink answered on Feb 4, 2021

Fighting these types of tickets are typically a complete waste of time and you are better off just paying the fine. If you really wish to appeal such a case, you will be wasting more time and money to do so.

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: Can city ordinance mandate the requirement of rental/leasing agreements to as establish water service at a residence?

Is it possible that city ordinance can violate civil liberties of squatters adverse possession rights by requesting rental or leasing agreements to establish water service on the property? My mother passed 8 yrs ago. My sister and I have payed back taxes for 5 years and established gas, electric,... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You definitely need to consult with a lawyer experienced in civil rights law. You can go to the San Bernardino County Bar Association's website ( http://www.sbcba.org/) and click on their Lawyer's Referral Service link to help you find an appropriate attorney who can help you. Do not... Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: What do I do if the Township's Public Health Officer has the last word but makes a mistake in judgement ?

Hopewell Township's (Mercer County, NJ) Public Health Nuisance Code contains the sentence "Wherever there is a question as to the significance of an alleged infraction or the factual existence of an alleged infraction, the prudent judgment of the health officer or other enforcing official... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2021

Speak to an attorney who practices municipal law.

1 Answer | Asked in Municipal Law for Alabama on
Q: Is there a nose ordinance outside of city limits in Marshall county, alabama
Tim Akpinar
Tim Akpinar answered on Jan 14, 2021

This is something that an Alabama attorney could advise best on, but your post remains open for five weeks. At this point, you could ask the public relations liaisons for the elected officials or lawmakers in the applicable county(s). Noise ordinances can be specific to a city or town. Outside city... Read more »

1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

Morris Leo Greb
Morris Leo Greb answered on Jan 14, 2021

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Are Florida HOAs (chapter 720) now required to have a website the same as COAs are per chapter 718 changes as of 2018?

I read that Chapter 718 now requires condo associations to implement a website for the COA under 2018 changes to Florida law. I am president of a FL HOA governed by Chapter 720. I'm trying to locate the similar requirement under Chapter 720 law. Are HOAs also now required by law to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Dec 7, 2020

No, there is no requirement for HOAs to have a website. Chapter 720 is a little confusing because it requires a HOA to have their estoppel information on their website, but that has been interpreted to mean if they have a website it must include the estoppel information.

2 Answers | Asked in Criminal Law, Civil Litigation, Gov & Administrative Law and Municipal Law for California on
Q: I was fined $250 under California code of civil procedure for failing to appear at jury duty. What is the fine consider

ed. I was told by the clerk that it is not a misdemeanor, but is it an infraction (like a parking ticket?) a sanction, and what is the difference? Was I “convicted” of something?

David Michael Lehr
David Michael Lehr answered on Dec 3, 2020

It is not a criminal record. Therefore, the only penalty can be, and is, a fine. Sorry about the $, but it will not hurt your life in the long run!

Good luck!

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1 Answer | Asked in Municipal Law on
Q: If there's a complaint about noise at night, and nothing is done, is there ground for a lawsuit against the city?

My neighbors upstairs make noise at night, throwing and dragging furniture on the floor. They claim it's not them making the noise.

I lose sleep because of the noise, and as a result suffer dizziness and short breathing.

If I make a complaint, and nothing is done, is there... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

Unless there are other details, this would not create the basis for a lawsuit against the city. It is not a Municipal Law matter; it is a Landlord-Tenant Law matter. You could repost in that category or reach out to attorneys who practice landlord-tenant law. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Municipal Law for Montana on
Q: If I was on a pedestrian and bicycle path and the car driver had a yield sign where I was badly injured is it my fault ?

I was on a bicycle and pedestrian path many people use every day! I was still on the path and it had a crosswalk on the path. The driver of the car had a pedestrian yield sign and didn’t yield hitting me and causing severe injuries. Police came with ambulance and fire trucks and I was rushed to... Read more »

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

It does not sound like you are at fault here. However, I strongly advise you get an attorney licensed in the state of Montana as soon as possible to assist you further with this issue.

1 Answer | Asked in Traffic Tickets and Municipal Law for Alabama on
Q: I just got my first speeding ticket yesterday on the 3rd. Is it just that I'm required to pay it before the 19th?

The court date is set on November 19th 2020. I live paycheck to paycheck and simply cannot afford this ticket. Since this is my first offense should I show up in court and ask for leniency?

Sheila Crumley Field
Sheila Crumley Field answered on Nov 4, 2020

Show up in court and ask for driving school. It only costs $40 bucks instead of $300 for the ticket. After you take the class file the certificate with the court and ask that it be dismissed. It only works if it’s your first ticket. So slow down!! Good luck!!

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