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Municipal Law Questions & Answers
1 Answer | Asked in Personal Injury, Real Estate Law and Municipal Law for California on
Q: What recourse do I have against a AirBB next door, smoking affecting my health, I have serious asthma problems.

The guests smoke marijuana, even though they have a no smoking rule that the owner doesn't enforce, resident/son is rarely onsite to monitor, I have high risk, serious asthma and respiratory complications. They are just ignoring the problem or saying they know nothing about and say it must be... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2021

make an appt with a LOCAL lawyer for guidance. I am in Palm Springs!

if you can't afford a lawyer maybe filing in small claims for up to $10k is the answer.

i would first send a written demand letter to the owner setting forth the facts. Advised them, if this is not resolved...
Read more »

1 Answer | Asked in Election Law and Municipal Law for Oklahoma on
Q: A citizen of 4 years in our town did not transfer her voting location. Can she still run for City Council in our town
Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

The specific answer to your question is too complicated to be answered on a forum such as this. To answer this question, you would need to review the municipal code's laws governing eligibility to run for city council in your town--presumably there is a residency requirement---and assuming... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

2 Answers | Asked in Constitutional Law, Landlord - Tenant and Municipal Law for New Jersey on
Q: Can my HOA prohibit me from displaying the American Flag that has the thin blue & red line in support of Police and Fire

At one of the HOA meetings I attended (virtually) I asked if I could display the American Flag that had the thin blue and red line honoring firefighters and police officers (I have both of these heroes in my family) and one the members of the ARB barely let me finish my sentence before saying no... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 11, 2021

This is a complicated question which requires an examination of the organic documents of the HOA as well as a review of the history of the HOA in permitting outside displays. Are front door or outdoor terrace railing displays permitted by the HOA? Are flags permitted to be displayed for Flag Day?

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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: my son was a passenger i a car that was stopped by frisco pd they asked them if they had anything in the car they said

they said no the cop said he sees and nugget of weed and that since they lied they nhad to search the car that was in the drivers sister name with insurance they driver is leagal to drive they search the car finds a glock 19 and some marijuana upon release they tell my son that his phones have been... Read more »

Grant St Julian III
Grant St Julian III answered on Jun 9, 2021

If contraband is in plain view of an officer, then that officer has probable cause to b perform a search. I cannot comment on why the officer seized cell phones. Your son should meet with a lawyer; I can't comment on the relationship you have with your son, but in my experience, what he... Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for Louisiana on
Q: So. I got pulled over in turkery creek for turn signal, a year later got a warrent ticket was paid I got proof

Only thing on ticket was turn signal but searched my car anyway took my Bookbag with maybe a gram of weed but nothing was said. About it in the ticket not heard anything about it again paid ticket now a year later I find out I have a warrent for the weed is this legal? It doesn’t seem right I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2021

Yes this is legal. Weed had to be sent to Baton Rouge for testing. Hire a criminal lawyer.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: My father has property in Puerto Rico that is under both his name and my mother, it is also registered as a church.

My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?

Mark Scoblionko
Mark Scoblionko answered on May 26, 2021

They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.

You should engage a lawyer in Puerto Rico familiar with real estate and estate...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for New Jersey on
Q: Neighbor filed a municipal complaint about me calling police about loud noise music blasting all hours of the night

Claims my Ring Doorbell camera is pointed directly at her front door. We live directly across the street from each other

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 24, 2021

I would suggest that you contact a good criminal lawyer as it sounds like you may have some defenses to your case. Most of us criminal lawyers offer free in office consultation.

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Municipal Law for New Jersey on
Q: i am a victim of terroristic threat. i would like to take action against however dont know how/where to start. direct me

hello, after reading 2C:12-3 - Terroristic threats

i realized that i am a victim of terroristic threat. i would like to take action against however don't know how or where to start. can you direct me please?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 21, 2021

If it is currently ongoing or recent you may want to call the police.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

1 Answer | Asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2021

The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

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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