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Code enforcement case: 2 trailers parked on a farm

Discussion in 'Civil Court, Procedure & Litigation' started by Huleo, May 25, 2021.

  1. Huleo

    Huleo Law Topic Starter New Member

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    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.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    You'd not ask to reconsider the motion from the previous hearing. You'd ask for dismissal based on the new events.

    You'd look at the particular charge brought to determine that. But most code violations relating to property are civil matters, not criminal ones. If you indicate the particular code that you are charged with I may be able to tell you which it is, assuming that your county has their code online.
     
    zddoodah likes this.
  3. Huleo

    Huleo Law Topic Starter New Member

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    Tax, thanks for the response and I will attempt to PM you any details as I wish to keep certain details out of the public domain.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    It would help if you cited the code sections and provide links to them as other may have some expertise in the area.
     
  5. Huleo

    Huleo Law Topic Starter New Member

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    What I can do here is provide the only snippet of code in the entire code that references enforcement of violations. Within the city they are referred as a misdemeanor but....

    and any violation in the unincorporated County shall be a violation of the ********* County Code.

    that is literally it. There are no other cites of criminality or culpability. There is a lot of language in which they enforce by holding permits, revoking permits, etc.

    There is a resolution which adopts this code per state statute as being legal, but there is no definition of a "violation" in state statute.
     
  6. army judge

    army judge Super Moderator

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    I suggest you avail yourself the the FREE initial consultation offered by MOST attorneys.

    It would appear that a couple constitutional issues MIGHT be in play.

    Your discussions with two or three attorneys of your choice just might prove to be beneficial for you.

    Your privacy will also be maintained, not spewed all over the 'net!
     
  7. adjusterjack

    adjusterjack Super Moderator

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    You're not getting any help here if you don't provide the codes for which you got cited.

    If you aren't willing to do that then I suggest you go pay a lawyer to help you or go it alone and take your chances at the next hearing.
     

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