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county violating state statute

Discussion in 'Constitutional Law & Civil Rights' started by Conrad, Jun 18, 2020.

  1. Conrad

    Conrad Law Topic Starter New Member

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    Jurisdiction:
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    our county board of supervisors is violating the state statute regarding the procedure on how to impose the garbage tax fee on the generators of garbage. County trying to collect fees from current occupant for fees years ago when no bills were ever sent to anyone and are withholding the renewal of license plates . is this a violation of federal due process? thank you!
     
  2. mightymoose

    mightymoose Moderator

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    This has nothing to do with any federal issue.

    Have you spoken with an attorney to learn if your interpretation of the laws in question is accurate? What if they are correct?

    You need personal assistance from someone who can go over the details with you.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    No. It is an issue of who is liable for the tax under state law. If you are not liable for it there should be a process available for you to contest it.
     
  4. army judge

    army judge Super Moderator

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    The first thing I would do is write a letter to each of the following: the county executive, my elected county leader, my state senator, and my state representative asking for clarification on the issues I believe to be illegal.
     
  5. zddoodah

    zddoodah Well-Known Member

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    No, not even remotely so.
     
  6. welkin

    welkin Member

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    How about giving us some information? Is this related to residential, commercial, or hazardous waste? What is the statute that you think the county is in violation of?
     
  7. flyingron

    flyingron Active Member

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    Well, I wouldn't say on its face there's no federal due process requirement. The fifth amendment is pretty clear. However, I can almost bet there is "due process." Due process doesn't mean that there has to be some prior action taken, just that there's a procedure for challenging it.
     

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