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Municipal Law Questions & Answers
1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Hampshire on
Q: What can I report a town resident for going through a "road closed" sign?

I work for a town municipal department in New Hampshire and we're (public works dept.) having trouble with some residents going through our road closed sign. Our signs are properly placed out from another. We have a "road closed ahead" at each entrance into the road and our... Read more »

Leonard D. Harden
Leonard D. Harden
answered on Jun 15, 2022

Thanks for posting your question. I represent only folks charged with a crime so I would do not actually bring any charges. However, in the past I have represented citizens that have been charged for entering a closed road with various violations.

I would think that your local PD would be...
Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for North Carolina on
Q: During our appraisal it came to light that there will need to be a few repairs done to the house is the sellers liable?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 8, 2022

No, the sellers do not have to fix anything, but you have the ability to renegotiate the contract anytime during the due diligence period.

1 Answer | Asked in Consumer Law, Copyright, Real Estate Law and Municipal Law for Kentucky on
Q: I am a fan of “freedom net’s” Victor Misek W1WCR and we will definitely miss his reverence,convictions,legislative role

That means we will miss him..3950mhz

Timothy Denison
Timothy Denison
answered on Jun 7, 2022

What is your question?

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for Texas on
Q: If you find out that you purchase stolen goods that the seller paid for a service to have done what is your rights?

I have recently come to the suspicion that I may have purchased stolen goods on Facebook marketplace through a person I know and have their ID information and where they live.

I didn't inquire about the acquisition of the property until after the purchase was made. I don't want to... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 23, 2022

Make a police report and surrender the stolen goods

2 Answers | Asked in Criminal Law, Municipal Law and Small Claims for Texas on
Q: What kind of crime is it when someone fails to deliver the agreed paid goods and are holding them hostage?

The question above is relating to two people, one is the seller withholding information and the items purchased and the other is the buyer being lied to and cohearce into helping the seller to pay for their bills and will not deliver the paid goods unless paid otherwise. Is this extorsion, can you... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 23, 2022

Law enforcement might refuse to get involved because it is NOT a crime unless there is reason to believe that the seller already had the INTENT to keep the money without delivering the goods AT THE MOMENT the money changed hands. Basically, a scam.

On the other hand, if the seller did...
Read more »

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1 Answer | Asked in Criminal Law, Juvenile Law and Municipal Law for Louisiana on
Q: My husband was charged with kidnapping me and possession of fire arm by a felon the charges where dismissed can they

Still violate his parole if he has already beat the charges

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 16, 2022

Can't violate him if charge dismissed.

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

i am on probation in Cleveland muni court and Cuyahoga common pleas. common pleas has the longest possible sentence.

Under ORC Section 2951.022 | Supervision of concurrent supervision offender. It says that the court that has imposed the longest possible sentence has jurisdiction.... Read more »

Matthew Williams
Matthew Williams
answered on Apr 26, 2022

It’s not automatic, especially since the statute authorizes the judges to change the concurrent supervision rules more or less as they see fit. I would start with a conversation with the two probation officers before going to the court.

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Louisiana on
Q: I’m an appointed fire chief governed by the police jury, can I run for mayor of a town and hold both jobs?

The town has no governing authority over my department and provides no financial support. I was appointed by a board that was appointed by the police jury. Can I hold both positions?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 16, 2022

On something this important and in the public eye, you really should speak to a lawyer and discuss the specifics of this with said lawyer. Furthermore, you may want to seek an opinion/ruling from the ethics board on this -----you can draft a letter to the ethic board or I recommend hiring of an... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Louisiana on
Q: If you drive a car because someone is too drunk to drive and the police stop you. Is everything in the car yours.

The police stopped my son and the car was the passengers car. The guy in the back set they let go but they found a pill and lean in the car which belonged to the passengers uncle. A gun was found and the police put the drugs and drink charges on the driver

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 2, 2022

Get your son a lawyer. He has a good defense

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: i have a due process clause that i need to file either a motion for dismissal or a summary judgement, ethical violation

xxx is here now before the courts requesting ? with action of a Due Process Clause, concerning a Procedural Due Process Violation. Qui tam action, unconstitutionally denying the liberty of a fair trial as per the Fifth and Fourteenth Amendment of the Constitution Of United States of America, an... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 1, 2022

it sounds like you had a lawyer.

s/he has all the info and is in the best position to correctly advise you of the merits and possibilities of prevailing....let alone how to do it.

shouldn't the lawyer you had do this for you?

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for New Jersey on
Q: If the ordance lacks the definition of an allowed variable does the definition of that variable have to be made public?

For example if the town only allows certain firepits do thay have to make the details of what makes a lawful firepit public? If the town has rules for such a firepit but the rules are not available to the public is this legal? Where is legally allowed for this information to be located?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 28, 2022

Depends on the town, but most rules and regulations for the town will be posted as a township ordinance and you may be able to find these online. However for what you are concerned about you may also have to look at the fire department regulations for the town/county/state. I suggest consulting... Read more »

1 Answer | Asked in Family Law, Health Care Law and Municipal Law for Texas on
Q: Can I take legal action for mentally ill wife's aunt convincing her gambling and alcohol is ok.

Wife is on 6 mental prescription and release to outpatient home care under my guardianship. Aunt is brainwashing her into gambling and alcohol. And threatening me for trying to stop it.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 15, 2022

You can tell the lady to stay away from your mentally ill relative. If you have guardianship of the person and her money don't give her money to gamble.

1 Answer | Asked in Municipal Law for Missouri on
Q: Why are me an my wife being charged with assualt for defending our selves

My wife's sister tried rushing me so I defended myself till she stopped coming at me as soon as my wife walked inside she was assaulted by her sister also now both my wife and I have assault charges for defending our selves when her sister was the aggressor wife's mother says she's... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Mar 9, 2022

You are being charged because the prosecutor believes you committed an assault. You should hire a good, local criminal defense attorney.

1 Answer | Asked in Traffic Tickets, Admiralty / Maritime and Municipal Law for South Carolina on
Q: Every charge is assigned a dollar amount for bond, how do I find out what assigned amount is for legal cases
Tim Akpinar
Tim Akpinar
answered on Feb 25, 2022

Admiralty/Maritime is included here, but a maritime connection is not clear, unless you mean a bond in connection with a proceeding for a ship or boat involving exoneration or limitation of liability. If this does not involve a vessel, it could be something closer to the criminal law section than... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for Washington on
Q: Can an HOA ticket parking on public streets?

I received a letter from our HOA stating they are changing their enforcement policy on Trailers and RVs to include requiring a permit from them with parking time limits, etc. Not having a permit or exceeding those limits will result in a fine. This includes on the public streets. The HOA does not... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 18, 2022

My recommendation is that you hire a real estate of HOA attorney to provide you a legal opinion on this issue---assuming the legal opinion is in your favor, then I would provide a copy of the legal opinion to the HOA and its Board.

1 Answer | Asked in Real Estate Law, Collections, Gov & Administrative Law and Municipal Law for Florida on
Q: Can you have a daily accruing fine without notice for five years?

I repaired a city code violation in an apartment I own as I normally would so that I could rerent the apartment, it was air conditioning problem. After five years without any notice and thinking the matter was taken care of, I received a letter from code enforcement saying that my daily accrued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 16, 2022

I am unable to advise you on this important matter without first being able to see the original notice of code violation that you received from the city five years ago (you can request a copy) and reviewing the specific section of the Code(as it was five years ago) the city is using to try to... Read more »

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