Municipal Law Questions & Answers

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

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
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.

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

1 Answer | Asked in Municipal Law for Oklahoma on
Answered on Apr 10, 2019
Kyle Persaud's answer
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.

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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on
Answered on Mar 28, 2019
Gary Kollin's answer
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 attorney in Alabama

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

1 Answer | Asked in Civil Rights, Small Claims and Municipal Law for Florida on
Answered on Mar 20, 2019
Charles M. Baron's answer
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 city ordinances, and (C) whether, even if legal under all of the above standards, you can nevertheless bring a lawsuit to enjoin the nuisance (and first threaten to bring such a lawsuit to attempt...

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

1 Answer | Asked in Personal Injury, Car Accidents, Gov & Administrative Law and Municipal Law for Georgia on
Answered on Mar 18, 2019
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on
Answered on Mar 8, 2019
Trent Harris' answer
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 don't want your water turned off. I would speak to the town office to get the bill fixed, and you may very well have to pay the past-due balance because it was for services you used. If you had to pay...

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

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Answered on Mar 6, 2019
H. Scott Aalsberg Esq.'s answer
3 Areas you can look at to start 1) the New Jersey Statutes, 2) the NJ administrative code and 3) your towns municipal ordinances.

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

2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Answered on Mar 5, 2019
Cayley Turrin's answer
Failing to show up to any court appearance is not good.

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

2 Answers | Asked in Criminal Law, Traffic Tickets, Domestic Violence and Municipal Law for Ohio on
Answered on Mar 2, 2019
Matthew Williams' answer
Well, eventually they will put him in prison. After all what’s there really to expect?

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

2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Answered on Feb 22, 2019
Delwyn E. Webber's answer
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.

Q: Hello, did violation code 39:4-144 have point or not?

1 Answer | Asked in Municipal Law for New Jersey on
Answered on Feb 14, 2019
H. Scott Aalsberg Esq.'s answer
Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.

Q: I have a disorderly person offense that I missed my court appearance on in municipal Court in Camden county NJ.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Answered on Feb 14, 2019
H. Scott Aalsberg Esq.'s answer
The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.

Q: I am the defendant in a case where the original judge took a matter under submission.

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.

Q: If an individual travereses on frozen water, do they do so at their own risk?

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.

I fyou are trying...

Q: Is my first appearance in municipal court an initial appearance?Can prior felony convictions be used against me.

1 Answer | Asked in Municipal Law for Mississippi on
Answered on Jan 23, 2019
Arthur Calderon's answer
Once you are arrested, you will be taken before the judge for an initial appearance, at which point you will be told of the charges against you, and bond will be set. After that (and usually this applies for municipal court), the first court date afterwards is the deadline to enter a plea of guilty or not guilty. If a not guilty plea is entered, then the matter will be set for trial.

That being said, as you move forward for trial, you will need an attorney to file the necessary...

Q: I was involved in a liquor board sting. I was not given a ticket, citation, summons, any sort of notification to appear

1 Answer | Asked in Criminal Law and Municipal Law for Washington on
Answered on Jan 17, 2019
Stan Glisson's answer
Unfortunately this is not uncommon. Investigators send their report to the local prosecutor, who may take weeks or months to file a charge. The court sends a summons to whatever address they can find for you, and that is often an out of date address; could be the one you had the last time you got a speeding ticket for example.

You don't get the summons, so you don't appear at the first court date and they issue a warrant.

You should definitely get in contact with a lawyer who...

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on
Answered on Jan 16, 2019
Richard Samuel Price's answer
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.

You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.

Q: Can my son go to jail for a violation of PTI?

1 Answer | Asked in Traffic Tickets, Criminal Law and Municipal Law for New Jersey on
Answered on Jan 10, 2019
H. Scott Aalsberg Esq.'s answer
Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior lawyer.

Q: I have a judge ordered CS payment due for 1/2019. Have 2 pay in full or can I split up pay as long as it's by 1/31/19?

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Texas on
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at your order for the due date. Follow that. It should state the exact date that it is due. To be on the safe side pay be that date.

Q: I'm trying to find help I have assult with intent to commit sexual abuse 33 year old female

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Answered on Jan 4, 2019
Matthew Williams' answer
You need to hire an attorney. You should not be discussing this in an online forum.

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