Legal Questions: do not communicate with the demon at all except through your genie

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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Devor: Nov 30, 2004; Lurking more.

SkunkDuster posted:

Does a referral put you in some sort of legal position? I'm in MN and I know nm used to practice law in MN. He seems like a good knowledgeable guy, so I asked him in a PM and later made a post in this thread to see if he could recommend a criminal defense attorney in MN and got zero response. I'm not in any trouble now, and nothing is brewing, but I figure if I ever ended up in the situation where I needed a lawyer, I'd be a hell of a lot better off calling a defense attorney that is recommended to me by a respected poster in this thread than flipping through the yellow pages.

http://www.alps411.com/blog/managing-your-practice---musings-of-a-risk-manager/try-the-title-wizard-for-great-title-suggestions-v1

Your question made me curious, this article on the subject was pretty fascinating. Short answer seems to be yes, you could find yourself sued if the person you referred them to screws up and does not carry malpractice insurance.

# ¿ Dec 18, 2012 22:05

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# ¿ Apr 18, 2024 23:48

Devor: Nov 30, 2004; Lurking more.

blank posted:

http://www.landlordselfhelp.com/RentIncreaseGuideline.htm

Suggests that the cap of 2.5% applies to any rental, regardless of when it was built.

If my landlord's claim to retake the unit for personal use is actually about putting it back on the market at a higher rate than the cap allows, is it worth my time or effort to offer to pay more than the latest increase? I might be willing to pay a bit more if I can save me the hassle of moving in two months and perhaps give me the time to looking into purchasing by this time next year.

The first bullet of exemptions says:

quote:

The provisions of the RTA that deal with the maximum amount by which rents can be increased do not apply with respect to a rental unit if:

it was not occupied for any purpose before June 17, 1998 - meaning it is either in a new building (often a condominium building) built since 1998, or an older building with a new unit or never occupied, residentially or otherwise, before June 17, 1998;

Seems pretty cut and dry.

# ¿ May 24, 2013 19:25

Devor: Nov 30, 2004; Lurking more.

What Fun posted:

My friend has two related summer jobs through her private university(NY) as an assistant adjunct professor/TA. They're for two different courses, and are two different jobs. She started work on May 5th, and does about 12 hours a week. She has not received a paycheck for either position as of today.

She is counting on this money, but by asking around she has gathered that the university will be trying to pay her a lump sum at the end of the term instead of the agreed upon three equal payments throughout the semester. She has copies of her signed timesheets, but there is no written documentation of the expected payment dates. Does she have any leverage to begin getting paid, or does she have to wait until they want to cut a check? Again this is a teaching position at a private university in New York state.

From my googling, it looks like what her employer is doing is not permitted. Not a lawyer, not sure the best way to respond to this information.

Edit: maybe they're trying to classify her as a professional?

See here for a FAQ on frequency of pay:

http://www.labor.ny.gov/legal/counsel/pdf/frequency-of-pay-frequently-asked-questions.pdf

Clerical or Other Workers:
Wages must be paid in accordance with the agreed terms of employment and not less frequently than semi-monthly.

Who is a �clerical or other worker�?
A �clerical or other worker� under New York State Labor Law is an employee who does not fall under any of the other statutory categories of worker found in the Labor Law.

Who is covered by Section 191 of the Labor Law?
All private sector employers are covered by Section 191 and the protections apply to most employees working for such employers in New York. Federal, state and local government employers are not covered. Charter schools, private schools, and not-for-profit corporations are covered, as they are private entities within the meaning of this provision.

Can an employer require employees to accept other frequencies of pay?
Employees cannot be required, as a condition of employment, to accept wages at periods other than those provided in Section 191 of the Labor Law.

Devor fucked around with this message at 15:16 on Jun 8, 2013

# ¿ Jun 8, 2013 15:10

Devor: Nov 30, 2004; Lurking more.

Kalman posted:

She isn't a clerical worker. She's a professor (which seems to qualify as a professional). The quoted section applies to admin assistants and secretaries and similar roles.

The link is pretty explicit that "clerical or other worker" is the catchcall for everyone who isn't one of the other sections. But as you say, there's an argument that she is a professional. This link has some information on who counts as a professional for the purposes of being exempt from overtime (I assume the classification carries over).

http://labor.ny.gov/sites/legal/counsel/pdf/professional-employee-overtime-exemption-frequently-asked-questions.pdf

One of the checks is that the employee's work "Requires the consistent exercise of discretion and judgment in its performance"

quote:

What does �exercise of discretion and judgment� mean?
In general, the exercise of discretion and judgment involves
both of the following

The comparison and evaluation of possible courses of conduct

Acting or making a decision after considering the possibilities

In general, such an employee must have the authority to make an independent choice, free
from immediate direction or supervision. Factors to consider include (but are not limited to):

�Does the employee formulate, affect, interpret, or implement policies or practices?
�Does the employee carry out major assignments in conducting the business?
�Does the employee�s work affect business operations to a substantial degree?
�Can the employee commit the employer in matters that have significant financial impact?
�Does the employee have authority to waive or deviate from established policies and procedures without prior approval?

When I was in college, most of the TA's that I interacted with did not seem like they would meet this.

This other link also appears to say that regardless of whether she is a professional, that the employer was required to notify her of the pay period in writing (I assume the more restrictive #1 was the newer one, not sure how to read this).

http://codes.lp.findlaw.com/nycode/LAB/6/195

Edit:

In a FAQ from a labor lawyer's site (New York Professional Exemption Violation Lawyer) that appears to help her case:
http://www.lmblaw.com/practice-areas/professional-exemption

Teacher Exemption:

The employee�s primary duties are teaching, tutoring, instructing or lecturing in order to impart knowledge, and the employee is engaged in the performance of these duties at an educational establishment or institution.

Examples include professors (regardless of rank), lecturers, adjuncts and teachers in the FDC. Examples do not include teacher assistants unless they are primarily responsible for classroom instruction.

Devor fucked around with this message at 16:26 on Jun 8, 2013

# ¿ Jun 8, 2013 16:22

Devor: Nov 30, 2004; Lurking more.

Angry Hippo posted:

I wanted to thank NM for his wonderful advice to contact my county's bar association. I was put in touch with a lawyer in my town for 40 dollars which also covered the initial consultation (which normally ran 120 at the office I visited).

I was somewhat aghast at the $2500 they asked in order for me to retain their services for what ended up being an extremely simple civil harassment hearing. I ended up representing myself pro se, successfully I might add.

If you flip back to pg 268 you can get a better idea of my situation. TLDR: lovely former co-worker/subordinate gets window smashed in, blames it on me with no evidence or proof. Files harassment suit.

In any case, the plaintiff ended up doing almost all the work for me. They admitted (even before questioning) that all of the statements made against me were hearsay and not able to be substantiated by either written declaration or witness testimony. The police report presented did not implicate me in any way and I was not even contacted by the police. They spent less than a minute detailing their claims. I asked a few questions to really hammer home that she was full of poo poo and even got an admission by her that she made no claims of harassment to any supervisor about my conduct in the workplace and that I had never contacted her in any way (especially harassing) outside the workplace, severely weakening her story.

I then presented a double digit amount of statements from current and former co-workers that were brutally consistent in claiming that I was an angel and the best thing since sliced bread and that she was a hateful and vindictive she-devil and possibly even the anti-christ incarnate. I rambled on for about 10 minutes about a brief history of our work relationship and why she was Not A Good Person and that I was actually the woeful victim in all of this.

The judge found the plaintiff did not reach their burden of proof and my TRO order was lifted and the case dismissed.

A big hearty 'gently caress you' to all of you smarmy assholes who attempted to discredit my E-character and thought they'd get their rocks off talking poo poo. The truth and common sense prevailed today and as much as you may have enjoyed kicking a man while he was down I am back on my feet and standing tall above you.

I want a temporary restraining order from your posting.

# ¿ Jun 13, 2013 12:34

Devor: Nov 30, 2004; Lurking more.

Gounads posted:

I wonder how this affects your ability to collect unemployment.

That's a good point - if you give two weeks' notice, and as a result you are fired (obviously without any subsequent pay for the 2 weeks), it seems like you would be eligible.

I wonder if calling your old HR department to confirm that you're not being paid and mentioning filing for unemployment would light a fire for them to pay those 2 weeks, to keep their rates from going up.

Although for professionals, where they know you'll be working again shortly and probably not filing for unemployment for that small gap, they probably think they're not taking much risk.

kedo posted:

I just received a cease and desist from U-Haul in regards to a website I am in no way even remotely associated with. Apparently this website has some Google adwords campaigns that use /u+haul/ in the URL, and U-Haul thinks they're "my client." I have zero clue how or why they decided that.

Can I just email them back and say, "You got the wrong person, buddy" or would it be better to talk to my lawyer first?

e: At first I thought it was some a scam or something, but after reviewing the email headers it did indeed originate from uhaul.com. So I guess it's legit.

e2: District of Columbia, if that matters.

You should just delete that email, it's hearsay.

Edit: Not a lawyer, not legal advice, this post is hearsay.

# ¿ Jun 14, 2013 19:40

Devor: Nov 30, 2004; Lurking more.

Falcon2001 posted:

Well, she was fired for it, my understanding is that that's unlawful? (notable: Washington is an at-will employment state, but she was specifically told it was for that reason)

http://www.lni.wa.gov/IPUB/262-249-909.pdf

Looks like Washington is one of the states that does not permit retaliation for filing a workplace injury claim. Talk to an attorney, etc.

# ¿ Jun 15, 2013 16:07

Devor: Nov 30, 2004; Lurking more.

Javid posted:

Did he fire her for "submitting a claim" or "causing an accident leading to injury"? This is the kind of distinction that MAY matter. That jumps out at me but ianal so eh.

From that Washington State FAQ:

quote:

The law might not consider the above actions to be employer discrimination if you have:

Failed to follow safety or health rules.
Not followed your employer�s policies.
Numerous on-the-job accidents.

So this seems to be saying that unless there was some sort of training about proper knife usage that she flagrantly violated, or unless she has a pattern of accidents, the employer would not be able to say "you cut yourself, you're fired". Because, hey, you're working with knives. It happens. If the employer is allowed to fire you for having an accident that you reported, it defeats the purpose of the workers compensation law.

# ¿ Jun 16, 2013 02:32

Devor: Nov 30, 2004; Lurking more.

Cream-of-Plenty posted:

A question regarding apartment security/pet deposits in California:

My girlfriend recently finished renting an apartment in California. She was required to pay a $750 security deposit. Instead of putting down the entire amount, she paid $130 for a "SureDeposit", which essentially acted as a non-refundable bond that was good for up to $750. In addition, because they had a pet cat, another $750 "pet deposit" was required. We recently received the itemized statement detailing work done to the apartment against our deposits--$70 to clean the carpet, and $150 to paint the walls--neither of which had anything to do with the cat, specifically. In fact, she only lived there for six months, and the cat, which hardly left the bedroom, wasn't even there the entire time. However, only ~$530 is being refunded, which is basically the pet deposit minus the aforementioned costs. The bond (or the <$750 it is supposed to cover) are not mentioned in the itemized list.

My problem is that I don't understand why the SureDeposit security deposit wasn't used to cover these costs first, with a full refund of the "pet deposit" to follow--especially since these were not pet-related fixes.

I have searched for any sort of California civil code that defines what a pet deposit can and cannot be used for, because I feel that it is being used incorrectly while the security bond she paid for is going to waste doing nothing. Am I crazy here? I feel like she should have gotten the entire $750 pet deposit back, because none of it was used to address actual pet issues (like scratches, urine, etc.)

I am not a lawyer, but security deposits don't act as a maximum payout. They are a method for the landlord to be sure that he has access to your funds. If you had not paid a pet deposit, and only done the SureDeposit, then when you move out they would have sent you a bill for $220 to clean the carpet and paint the wall, and if you refused to pay, SureDeposit would pay your landlord $220, and then SureDeposit would come after you for that $220 plus fees and whatnot.

# ¿ Jul 19, 2013 04:01

Devor: Nov 30, 2004; Lurking more.

IANAL, and based on my limited reading of the FLSA exemptions, and your descriptions, I think the more likely reason would be under the Computer-Related Occupations exemption. I agree that the administrative exemption seems like it would be a bit of a stretch. The administrative exemption also becomes more likely to apply if you make more than $100k per year. But none of these are hard-and-fast.

http://www.dol.gov/whd/regs/compliance/fairpay/fs17c_administrative.pdf

http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf

# ¿ Aug 5, 2013 23:06

Devor: Nov 30, 2004; Lurking more.

Bojanglesworth posted:

Since the subject of security deposits came up I may as well ask a question.

I rented a house for three years with my (at the time) wife, we paid our security deposit of $1,500 (Equal to one months rent) and all was well, when we got separated it got pretty difficult for me to pay my rent and I was constantly behind about a month. Eventually I threw in the towel and let him know that I would be moving out. I kept the house in perfect shape throughout the entire time I lived there. He posted the house up for rent the same day that I told him I was going to be moving out and was trying to show it to people while I Was literally in the process of moving my poo poo out of there. Since I was behind a month on my rent I assumed that he would just keep my deposit to make up for it, since there were no repairs to be done to the house.

Recently my ex told me that he has contacted her "looking for me," which may very well be a lie because she is that type of person who would want to just make me nervous or whatever. I moved out in November and emailed and called him for a couple of months and never heard back. At this point, nearly eight months later, is there anything that he can do really or am I in the clear?

IANAL - Security deposits are typically pretty explicitly not intended to just become the last month's rent. The "right" way to do it is for you to pay your rent as normal, then get refunded the security deposit, plus any applicable interest, minus any necessary repairs. The landlord may be entitled to deduct any back-rent out of the security deposit, leaving you owing him if he decided that there were any repairs necessary. The security deposit is not the maximum amount you'd be on the hook for - it's a reasonable amount to protect the landlord without forcing him to go to court.

Also, typically with leases, the renter would be on the hook for the rent up until the next renter's lease begins. Unless the lease was month-to-month, and/or proper notice was given to the landlord, there could be additional rent owed when moving out in the middle of a lease term.

It all depends on the terms of your lease, though.

# ¿ Aug 16, 2013 16:21

Devor: Nov 30, 2004; Lurking more.

BrandonLakeTruck posted:

I live in Washington state and I work nights at a retail store. I am usually pretty good about knowing my rights but I've run into an issue that feels wrong but I can't find anything about it by simple googling.
After my shift is over I have to clock out and wait to be let out of the building by the supervisor. Usually this is not too big of a deal and I wait maybe 5 to 10 minutes at most. Today I got pretty steamed up because I told my boss I was leaving at 4:18, punched out at 4:20, and then waited for 18 minutes to have the front door unlocked.
I'm not even considering talking to anyone up the chain about it or anything like that, it just bothers me that I have to sit around unpaid when I have a life to get on with and would like to know what rights an employee has, if any, in a situation like this.

See the second bullet on this page:

http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/ShowUp/default.asp

quote:

Is being required by the business to wait on the premises considered "hours worked"?

Yes. Generally businesses cannot require workers to wait on the premises without pay. Workers must be paid for all "hours worked," which includes time they are required to be on the premises at the employer's request.

Obviously you want to be careful how you raise the issue, but on occasions where you are waiting 15 or more minutes (or less, depending on how finely grained your pay is calculated) it would seem reasonable to request pay for that time.

Edit: Comedy response, if they refuse to pay and fail to unlock the doors, take the fire exit.

# ¿ Oct 18, 2013 15:59

Devor: Nov 30, 2004; Lurking more.

chemosh6969 posted:

Who is "them"?

The United Nations Agenda 21 black helicopters.

Also the DMV, so they can send you the letter that reminds you to get your car's emissions tested so you don't get charged enormous fines.

Or so they can send you the fine from the red-light camera that tagged you, because otherwise it goes to the old address, who throws it away, and now you have a bench warrant for your arrest.

# ¿ Nov 19, 2013 21:47

Devor: Nov 30, 2004; Lurking more.

Lord Lilf posted:

I work in a call center as a CSR for a bank through a third party vendor. Recently they've started requiring us to clock out every single time we have to use the restroom or get up from our seat. I live in a right to work state (WV) and I'm pretty sure the law states that they don't have to provide breaks at all but I'm still fuzzy on the legality of being forced to actually clock when you have to use the restroom. Even if you don't clock out, if they find you are not on the phones they will cut the time from your pay. Any input on this?

IANAL

From the West Virginia Labor FAQ here:

http://www.wvlabor.com/newwebsite/Documents/wageforms/wage%20collection%20faqs.pdf

quote:

DOES STATE LAW REQUIRE EMPLOYERS TO PROVIDE THEIR EMPLOYEES WITH ANY
TYPE OF A LUNCH OR REST BREAK?

All West Virginia employers are required to provide
their employees working at least six (6) or
more hours AND are not already being provided a rest
or meal break with a twenty (20) minute unpaid
break period. However, this requirement does not apply
when the employees are allowed to eat and visit
the restroom while working nor does it apply when
employees are already being provided a lunch or meal
break regardless of their duration.

Reading between the lines, it seems like you may be kind of screwed. Since it says an unpaid break is not required if the employer lets you eat and poop while working, then that implies that your employer can require you to not eat and poop on the clock. An employee manual may help you out, but if you raise the issue they may just change it and/or fire you.

# ¿ Dec 2, 2013 09:07

Devor: Nov 30, 2004; Lurking more.

Javid posted:

Does anyone have experience with getting a service animal into housing with you? The information on google tends to be contradictory but I'm assuming there's a maximum of inquiry they're allowed to do about it and that they will do exactly that much.

Also if there's a better thread for this please point me to it, no search from the iPad app or I'd be digging for one.

What sort of housing? Is this in the US? Hotels are required to follow the ADA and allow service animals. The Fair Housing Act requires landlords to make reasonable accommodations:

quote:

Example 3:
A housing provider has a "no pets" policy. A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable
accommodation. The tenant explains that the dog is an assistance animal that will alert him to several sounds, including knocks at the door, sounding of the smoke detector, the telephone ringing, and cars coming into the driveway. The housing provider must make an exception to its �
no pets� policy to accommodate this tenant

I'm not a lawyer, this isn't legal advice

# ¿ Jan 29, 2014 00:45

Devor: Nov 30, 2004; Lurking more.

Javid posted:

US landlord/tenant law is largely "gently caress you", but this place specifically caters to senior/disabled people so they're not really fussed about it. I already know they cannot refuse a service animal anyway; I'm just looking for what kind of documentation I can expect to have to cough up for them. The link someone posted a couple posts up says they can only ask if it's a service animal and what it does; but I think that applies to taking them into stores and stuff and not housing. I'd like to be wrong though because that would be a lot simpler!

From this article from 2009 from the American Bar, it's complicated, but there's lots of good stuff in the article.

https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/servicesupportanimals.html

quote:

Rules regarding projects for the elderly and persons with disabilities. In October 2008, HUD amended regulations governing requirements for pet ownership in HUD�assisted public housing and multifamily housing projects for the elderly and persons with disabilities (72 Fed. Reg. 58448, October 27, 2008). Under 24 CFR 5.303, as amended, project owners and public housing agencies may not apply or enforce policies (such as no�pets policies) against animals �that are necessary as a reasonable accommodation to assist, support, or provide service to persons with disabilities.� The new rule applies to assistance animals that reside in projects for the elderly or persons with disabilities, as well as to animals that visit the projects. Animals that visit the projects to provide support could include therapy dogs and their handlers involved in visitation programs.

quote:

[P]ersons who are seeking a reasonable accommodation for an emotional support animal may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability.

This does not mean that any animal providing some benefit to a tenant must always be accepted. The mental health professional must connect the tenant�s possession of the animal with an alleviation of at least one symptom of the disability. This requires more than a mere statement that a dog or cat makes a tenant feel good. Alleviating depression (if depression is a symptom of the mental condition, or the condition itself) is a function of an emotional support animal and should satisfy the requirement.

# ¿ Jan 29, 2014 01:06

Devor: Nov 30, 2004; Lurking more.

"Typically" a lease doesn't just let you off the hook for the cost of a late fee. More typical is either 1-2 months to buy out, or sometimes you're just on the hook for the entire amount until the landlord finds a new renter (he is not obligated to show your unit first, he can rent out others preferentially). At least in my jurisdiction.

But your lease is all that matters.

# ¿ Feb 6, 2014 19:54

Devor: Nov 30, 2004; Lurking more.

EAT THE EGGS RICOLA posted:

holy poo poo

I read that as "Victor might qualify for a Public Defender based on income, but would be willing to spend some of his meager savings if it would improve his chances in court".

Which is a non-trivial question about whether he would get $5000 (or whatever) of expected improved results out of hiring a lawyer.

# ¿ Mar 10, 2014 17:54

Devor: Nov 30, 2004; Lurking more.

booshi posted:

...and they called the cops on me.

Usually, when I have to do things like drilling or other louder work with tools, I go to my lab to do it so I don't bug anyone. Today I said screw it and went to town drilling some aluminum enclosures for a project. All the cops did was remind me that I can't be using power tools past 9PM.

Then I went back to drilling.

Hahaha, you're going to be the one fined by the Condo Association.

# ¿ Mar 16, 2014 21:45

Devor: Nov 30, 2004; Lurking more.

blarzgh posted:

Definitely do that, and further, I can't stress enough how much you should get an attorney if he doesn't return your deposit. The above legal information is worthless if not properly contextualized with the relevant facts of your case.

This is a lie, just write that paragraph verbatim on a gold-fringed flag and submit it to the court. Throwing it through a window like a javelin is the preferred method.

Try this one weird old trick that judges hate!

# ¿ Mar 29, 2014 04:43

Devor: Nov 30, 2004; Lurking more.

Cranbe posted:

Colorado.

Just closed on my first home on Thursday, then pulled up the carpet Friday to discover some blatant water damage that was not uncovered in the inspection nor disclosed by the sellers. The sellers had lived in the home for over 30 years and clearly knew it was there, as you can see they remodeled the kitchen because of it about 10 years ago�but not the side of the wall in the living room, which had also been damaged. The living room hardwood and subfloor were also damaged.

I've uncovered mould, rotted framing, and rotted subfloor, all of which they basically papered over and/or ignored.

Basically, the sellers intentionally misrepresented a substantial defect in the condition of the home that they were aware of, and which might take several thousand dollars to repair. Do I have any sort of recourse, or is it caveat emptor?

http://en.wikipedia.org/wiki/Latent_defect

Lawyer time!

# ¿ Apr 1, 2014 02:45

Devor: Nov 30, 2004; Lurking more.

JesustheDarkLord posted:

When I was clerking for the City of Knoxville Law Department back in the day, some lady won in traffic court over a city attorney using sovereign citizen arguments. It was hilarious.

Fine, we're waiving the $45 fine, don't speed again.

Looks like there's something to this sovereign citizen thing after all :smug:

# ¿ Apr 7, 2014 23:54

Devor: Nov 30, 2004; Lurking more.

SlayVus posted:

Sumter County, GA, USA - My mom is trying to keep goats in her backyard and I believe they are considered farm animals. She lives in the city and doesn't seem to understand that this is a bad idea. Is there something I can show her that this is a bad idea and can get her in trouble?

I'm not a lawyer, and you should definitely do your own research, but:

The Sumter County Code seems to say having one goat that is kept >25 feet from the property boundaries would be okay in Residential areas, as long as it "is not allowed to become a nuisance". That's obviously open to interpretation, so you could be rolling the dice.

http://library.municode.com/HTML/13121/level3/PTIICOOR_APXAZO_ARTIVGERE.html#PTIICOOR_APXAZO_ARTIVGERE_S4.13ANREDI

quote:

Sec. 4.13. Animals in residential districts.
A.

It is the intent of this section to permit certain uses in R-1, R-2 and RR districts which involve the keeping of limited numbers of domestic animals or pets where it is recognized that such areas are changing from agricultural to suburban residential in character. This section is further intended to minimize problems which may arise from such animal uses and to provide suitable standards for protection of health, safety, welfare and preservation of residential districts from indiscriminate raising of animals.

B.

Uses permitted:

1.

Permitted use provisions for animals in residential districts are meant to apply only outside of the residence on an individual lot and are not intended to restrict the type or number of animals within a residence.

2.

The keeping of livestock, fowl or domestic pets shall not be allowed to become a nuisance.

3.

Domestic pets such as cats, dogs, rabbits or other generally recognized domestic pets may be kept or bred by persons residing on the property for their use and enjoyment. The keeping of swine is specifically prohibited.

4.

Livestock and fowl kept in any residential district shall be maintained at least 25 feet from any property line.

C.

Conditional uses permitted: The following uses are allowed upon a conditional use permit granted by the board of commissioners:

1.

Livestock. Horses, cows, ponies, donkeys and other, similar domestic livestock may be kept, raised or bred for home use and enjoyment; provided only one such animal shall be permitted for each two acres, exclusive of the front and side yards of the principal dwelling; and all livestock shall be contained by fence within said minimum area.

2.

Fowl. Ducks, quail, chickens, turkeys, pigeons, pheasants, etc., may be raised for home use provided such fowl are adequately contained within that property.

D.

Uses prohibited: The keeping, breeding or training of any animals or fowl for monetary gain or profit shall be deemed a commercial business and is expressly prohibited in all residential districts except where such operations may qualify as a home occupation or as a nonconforming use as defined in this chapter [appendix]. The keeping of swine is specifically prohibited.

blarzgh posted:

The only question we can answer is whether there is a penalty for keeping the animals within the city limits, and if so, how to find out. The City's Municipal Code (or whatever its called in Georgia) will contain the ordinances that prohibit her having the goats, if there are any.

If they aren't available online, they'll be available at City Hall.

Even in Georgia they've figured out how to put these things online :colbert:

# ¿ Apr 17, 2014 19:21

Devor: Nov 30, 2004; Lurking more.

joat mon posted:

Note that the Americus city ordinances appear to have a '300 feet from the neighbors' rule that would be more restrictive than the County rules. (assuming mom is in Americus)

I blew right past "the city" since I didn't see any proper nouns other than Sumter County.

Some of us don't assume every county has only one municipality :argh:

# ¿ Apr 17, 2014 21:04

Devor: Nov 30, 2004; Lurking more.

euphronius posted:

By the way, land lords are usually the most politically connected people in a local court setting, so uh, good luck pro se.

A landlord who says a security deposit is non-refundable is probably not the politically connected sort. That type would have given him a bullshit list of painting repairs that would eat up his $300 or whatever.

# ¿ Apr 26, 2014 23:44

Devor: Nov 30, 2004; Lurking more.

On the subject of depositions

# ¿ May 1, 2014 00:12

Devor: Nov 30, 2004; Lurking more.

photomikey posted:

Yosemite National Park has banned drones.

Isn't this classic censorship that is prohibited by the First Amendment? If not, why not?

Mount guns on the drones, now it's a clear second amendment violation.

# ¿ May 3, 2014 22:17

Devor: Nov 30, 2004; Lurking more.

photomikey posted:

No, I don't. That's why I posed the question. And while I appreciate all the "you're wrong, you idiot" answers, I actually posed the question because I want to know the answer.

This thread is more like "should I sue my landlord because I crashed my car through the wall of the house I'm renting". Debate and Discussion is more centered around policy discussions.

# ¿ May 3, 2014 23:47

Devor: Nov 30, 2004; Lurking more.

DeathbyMisadventure posted:

Looking for some help please!

I live in an apartment complex in Austin, TX. In what I consider shady circumstances, our management informed us that our current cable/internet provider TWC will no longer be providing any services to the complex because contract renegotiation fell through and all residents need to change to AT&T.

TWC wouldn't go so far as to 100% assure me that my service isn't ending, but told me they have no notice of disconnection, and that the apartment complex can only terminate amenity package deals, which we do not have. I received a letter to that effect, from TWC, stating that to continue service I must put it in my name, but it was addressed to 'current resident' rather than myself - my bills are in my name and are addressed as such. TWC also assured me that only I can terminate my service.

The apartment staff insist this is wrong, and they just sent a form letter that isn't representative of the real situation, and have gone so far as to say that TWC is being forced to remove their 'equipment' from the premises. I think they don't know what they are talking about, but like any self-respecting goon am terrified of the prospect of having no internet for a few days/weeks if I do have to switch.

I've read a lot of conflicting information online, some saying "private property, the apartment can do whatever they want," and other saying the FCC mandates competing companies have access to serve customers and that forcing a competitor off the site would be illegal. Has anyone gone through this or have any light to shed on this situation? I would greatly appreciate it.

I'm not a lawyer, but I'd recommend to start with your City agencies - they're there to help you. It looks like cable television is probably under the supervision of Telecommunications and Regulatory Affairs.

https://austintexas.gov/department/regulatory-affairs

I would start with the "utility complaint" phone number (or email, phone is better when you have questions) here - they can tell you if they are the right people to talk to, and tell you who to call if they're not.

https://austintexas.gov/department/telecommunications/services

It looks like they mostly just facilitate communication between you and the company - but when it's the local government forwarding the complaint, it is MUCH more likely to get their attention. You'll probably get a call back from a supervisor who is more likely to know what the situation is, compared to one of the front line phone jockeys.

# ¿ May 16, 2014 00:03

Devor: Nov 30, 2004; Lurking more.

Put a lien against the dog for the cost of food. Maybe you'll luck out and Bank of America will see the filing and foreclose on the dog as part of their "foreclose on random properties" initiative.

# ¿ May 22, 2014 04:07

Devor: Nov 30, 2004; Lurking more.

cwinkle posted:

What if a lease surfaced signed by all parties extending the tenancy for let's say 5 years? Are there notary/witness requirements? Is the estate obligated to honor that lease? If the lease were for 2 years would that change things?

I hereby order you to make 50 fake leases, starting at 50 years, and decreasing in term by 1 year each. When the sheriff comes to evict you, pull out the 50-year lease, and then work your way down until they believe you.

# ¿ Jun 4, 2014 03:22

Devor: Nov 30, 2004; Lurking more.

IzzyFnStradlin posted:

I'm really struggling with this situation:

O, the owner of Blackacre, attempts to convey his entire interest to L, but unbeknownst to either party the writing fails to meet the requirements set forth by the Statute of Frauds.

Some time later, L leases the use of Blackacre to T. T takes possession and all is well for a time. However, the condition of the property worsens, and L violates the warranty of habitability by failing to make the repairs.

As T is preparing to bring action against L, he discovers that O is still the owner of the property. Consequently, T brings actions against both L and O.

O argues that he is not liable because both he and L were operating as if the transfer of Blackacre was successful.

----------------------------------

We represent T and my boss wants me to argue that O is a valid party to the suit. I am stuck. My inclination is that O is not a valid party for the following reasons:

1. When L occupied Blackacre, he and O entered into a tenancy at will.
2. When L entered into the lease with T, it was a sublease and not an assignment.
3. Thus, T is neither in privity of contract nor privity of estate with O and as such has no claim against him.

PLEASE HELP!!! THANK YOU!

You're not getting the security deposit back

# ¿ Jun 9, 2014 23:54

Devor: Nov 30, 2004; Lurking more.

woozle wuzzle posted:

I will be your attorney, DBZFIGHTERS

That's nice of you to volunteer. I hope you don't edit your post later and try to pretend you did not establish attorney-client privilege just now.

# ¿ Jun 18, 2014 23:34

Devor: Nov 30, 2004; Lurking more.

jassi007 posted:

Hypothetical about DUI checkpoints. I've seen some youtube videos of the crazy people that love to argue with cops about my rights. What if you drive through a DUI checkpoint at the speed limit? I assume they'll still pull you over and find some traffic violation, but do some/all states have laws specifically regarding stopping at a checkpoint like that?

Here's a table about which states conduct them, and whether they have been upheld in court

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

# ¿ Jul 20, 2014 13:43

Devor: Nov 30, 2004; Lurking more.

SlayVus posted:

Do I need to tell my employer that I'm taking hydrocodone? I work manual pallet jacks, electric pallet jacks, and walking stackers at work. I have to move up to 1 ton of materials, stacked several feet high, 5 nights a week. My medication makes me drowsy and nauseous. This is only for about 3 more days as I had a molar and wisdom tooth extracted two days ago along with an abscess.

No, that sleepy looking eye on the pill bottle is just winking at you. Go nuts! Have some drinks too! Don't read any of the text about not operating heavy machinery and all that jazz.

# ¿ Aug 20, 2014 20:28

Devor: Nov 30, 2004; Lurking more.

Centripetal Horse posted:

Does a not-particularly-official, non-notarized document like a suicide note have any weight? If a person dies without a will, but leaves some sort of written document divvying up his stuff, will that document be ignored? I'm not talking about land, or brokerage accounts, or anything. Just simple poo poo, like personal possessions, maybe a car and a bank account.

I am guessing a note doesn't mean poo poo, and everything goes to the next of kin.

Was he pinned underneath a tractor at the time? Here's a neat article!

http://law.usask.ca/news/LawyersWeeklyTractorWill10May13.pdf

# ¿ Aug 22, 2014 23:45

Devor: Nov 30, 2004; Lurking more.

Obese Janissary posted:

I just wanted to post here because it is labor day and everywhere I need to contact is closed.

This concept is called Latent Defect. You have better luck of a good outcome because it's something that wouldn't necessarily have come up during the inspection.

# ¿ Sep 1, 2014 17:58

Devor: Nov 30, 2004; Lurking more.

Rent-A-Cop posted:

Goons I set my neighbor's tree on fire and it burned down my house. Can I sue him?

It's too late, I've already consulted with every attorney within a 200-mile radius, so you won't be able to find an attorney to represent you. Checkmate.

# ¿ Sep 4, 2014 15:01

Devor: Nov 30, 2004; Lurking more.

TehSaurus posted:

Thanks for the response.

Just to be clear, you are saying there is no limit to what they may or may not photograph in my apartment.

They are legally required to take photos of all your video games. They may even play them some.

# ¿ Sep 23, 2014 15:05

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# ¿ Apr 18, 2024 23:48

Devor: Nov 30, 2004; Lurking more.

ulmont posted:

They probably won't bother you if you keep your head down and are white. God forbid you want to have a sign for a political candidate or get a satellite dish, though - then you're hosed.

In Maryland, you have pretty much an absolute right to a satellite dish. The HOA covenant that prohibits them is unenforceable.

# ¿ Sep 24, 2014 01:17

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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