- Jurisdiction
- Kansas
Count code enforcement showed up while I was on our large acreage farm property and indicated I could not have 2 semi trailers on property. I politely showed him the door. 2mo later they filed a summons citing only the definition of "outdoor storage".
Had 1st appearance and I requested of the courts to provide a word for word cite from code in which they were charging. This caused the prosecutor to scramble for 10min, then go talk to the cod guy for 10min, then come back and motion to amend to charges to something totally different. I objected and gave my own motion for dismissal citing the lack of clarity in the charges and substantial change in amended charges, and mentioned that the county should be required to refile such changes and and follow proper civil procedure this time. Judge denied my motion but did file a court ordered continuance and ordered prosecutor to file any new charges correctly and timely, with proper notice.
the new charge they cited still has no traction as there is language in their own code that specifically protects farm operations as well as the "right-to-farm" act that is cited in code which prevents neighbors from complaining about farm operations. I feel they are now on a fishing expedition trying to find a charge to use, which should be illegal ya know!
Questions.
1. I raised a motion for dismissal at 1st appearance. But should charges change yet again, should I raise a new motion to dismiss or request to 'reconsider prior motion'?
2. Any ideas how I might find if such 'charges' are criminal or civil? The only cite in the entire code is that "any violation of this code within the county is considered a violation"....lol That does not even exist in state statute, only traffic violations, misdemeanors, and felonies. I mention this because being considered a crime should raise both the bar on culpability, and my rights to a jury should I have to appeal the trial verdict in district court.
Had 1st appearance and I requested of the courts to provide a word for word cite from code in which they were charging. This caused the prosecutor to scramble for 10min, then go talk to the cod guy for 10min, then come back and motion to amend to charges to something totally different. I objected and gave my own motion for dismissal citing the lack of clarity in the charges and substantial change in amended charges, and mentioned that the county should be required to refile such changes and and follow proper civil procedure this time. Judge denied my motion but did file a court ordered continuance and ordered prosecutor to file any new charges correctly and timely, with proper notice.
the new charge they cited still has no traction as there is language in their own code that specifically protects farm operations as well as the "right-to-farm" act that is cited in code which prevents neighbors from complaining about farm operations. I feel they are now on a fishing expedition trying to find a charge to use, which should be illegal ya know!
Questions.
1. I raised a motion for dismissal at 1st appearance. But should charges change yet again, should I raise a new motion to dismiss or request to 'reconsider prior motion'?
2. Any ideas how I might find if such 'charges' are criminal or civil? The only cite in the entire code is that "any violation of this code within the county is considered a violation"....lol That does not even exist in state statute, only traffic violations, misdemeanors, and felonies. I mention this because being considered a crime should raise both the bar on culpability, and my rights to a jury should I have to appeal the trial verdict in district court.
