Need help with constitutional rights

D

dfaugh

New member
I'm about enter into a battle with the town I live in, in reference to using my property, in any (Reasonable) way I see fit (I have 10 acres of land). I can't afford a lawyer, so I'm looking for help with cases where the restrictions of the use of a property have been unfairly, and unconstitutionally denied.

Any help is greatly appreciated.
 
Perhaps a little background on your situation would help us help you.

BTW...I strongly urge that you NOT represent yourself in ANY court proceeding. There are plenty of lawyers that do pro bono work to assist folks in your financial situation. Check your locality and see whats available.
Good Luck.
 
Can't remember specifics but there was a case where a town (or city) had a "high grass" code and made it's residence keep the grass less than so many inches. This one lady who claimed that mowing the grass hurt it and said "I can hear the poor little grass scraming" (not kidding, she really said this). Needless to say she had tall grass and the town fined her. She sued and IIRC eventually won in federal appeals court. IIRC the court ruled that there are some things that the towns and cities cannot restrict when it comes to property use by the owners. I think it was in the early 90's if you could possibly find it. Hope this helps.
 
What you need is a lawyer

who specializes in regulatory takings and/or land use and planning or similar practice areas. Here's the best advice I can give you: call your state bar association and ask them if they have a "lawyer referral service." They will, I'm sure. Then, call the number they give you and explain the problem to the bar service. They'll help get you connected to a lawyer who is qulified to help you. At that point, you can start thinking about the price.

Representing yourself pro se is not a good idea. Think about it, would you take out your own appendix? Then, why would you serve as your own lawyer?
 
The people of Oregon just passed measure 37 (land use rights) and of course the state government is hindering the people to use their land as they see fit.

Me, I just build, add on, or do whatever I want to do on my land. I'm paying for it so therefore the government can go to heck.

I feel for you but you will need to get a lawyer. When small minded people get into power (that involves ALL pols) then it is a fight that you cannot win by yourself due to they have "authority" on their side while you have the title of "peasant" on yours.

Good luck.

Wayne

*gee, with my posts today I seem to be bitter and pessimistic.... go figure.
 
Tried the legal aid route

and they're glad to refr me to a lawyer, who all want $$$$$$$$$$$$$$$$$$$$$$$$$. Specicically, I was denied a NYS kennel license, for my dogs, because my a$$hole neigbore says I was harboring, and training "dangerous dogs" (I train for Shcutzuhund Sport, and train with some local K-9 people) To keep it gun related, I also shoot (on my property, with a VERY safe backstop) and the town is objecting to that as well.

I simply cannot afford a lawyer (they've told me I have a "good" case, but it might cost $20,000 to win it). As I'm now on disability, a lawer in not an option, but I'm willing to spendwhatever time it takes to win this ridiculous fight.
 
I'd muck up the issue for your neighbor by starting to train seeing eye dogs.
There! Now you can portray your neighbor as being against helping blind people. Seriously, good luck.
 
Better yet, start training cadaver dogs. There is a pressing need. There are not enough dogs trained for that specialty. Tell your neighbours and the town that you will donate a trained dog and train the handler for local Homeland Security.
 
Specifics are the issue here; and you have alot of work ahead of you that may or may not pay off. Just some starters here.

I would start with other dog breeder/trainers in your area and research previous legal cases. You need to find out what precisely is the legal definition of a "dangerous dog" in the context of your license denial. For some kind of a prohibition to be in effect, the legal definition should be clear enough that a court can say that any reasonable person knows what it is that the law refers to - and apply it specifically to your case. Laws have been struck down in the higher courts over this kind of thing.

Another avenue is to get hold of the kennel license register (or other applicable material in the public domain) and look and see what other kennel licensees are "harboring and training". Find just one that is doing what you are being denied to do, and you can perhaps go the "equal right" route; it might be unconstitutional under the NYS Constitution to afford one person a license and deny another, for the same thing.

Are there any private persons with dangerous animal licences in NYS? Leopards, lions, apes etc? Same might principle might apply.

You really need to research the NYS law on this subject - and even the operating rules and regulations for the state agency that actually issues kennel licenses. Catch them breaking their own rules and you might have another angle of attack.

On what grounds is the town objecting to shooting on your property? Is your property actually within the geographical and jurisdictional limits of this town?

One piece of advice that universally applies; all communications in writing only. Do not waste time on phone calls where what the other party stated might be denied later on, "forgotten" etc. Keep copies of all correspondence you send out to the State and the town authority representatives, and all mail should be sent certified delivery or registered mail where some proof of delivery can be retained.
 
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