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Who regulates lawn services? (ChemLawn)
Doug Kanter wrote:
***IMMEDIATELY*** call your town hall when they open on Monday morning and find out what your judge needs (paperwork, photographs, etc) in order to charge the spray service with civil trespass. You can include the neighbor, too, if they become beligerent about the situation. I went through this successfully about 4 years ago here in Rochester NY. If anyone wants to start a debate about whether this qualifies as trespass, please save your energy. This is not a guess or a theory on my part. Our local judge was prepared to issue an injunction to keep my neighbor from allowing Chem Lawn to spray along our property border. He told me to inform my neighbor and the spray company that the police would be ordered to arrest them on the spot if the stupidity continued. This did the trick nicely. Oh, I can't pass this up. Trespass is defined by state statute. What's true in New York may not be true elsewhere. A few years ago there was some debate about some guy in New York being arrested at a shopping center for something or another. In the middle of that debate I decided to go to the horse's mouth, and read the New York statutes. They were quite different than other states. As I recall there were even degrees of trespass, some being civil, and others being criminal. As for going down to the "town hall" to get a judge, that's a bit of a unique thing by area as well. When I lived in Wisconsin, nearly every incorporated municipality had a court. Out here in Oregon, few do. In both places, you don't just go down and get to see a judge. You have to file a motion, and be placed on a docket or calendar. And when you file your motion, you need to specify which particular law is being broken, and how. If you are seeking a remedy, you're going to need to specify that as well. Unless you're really savvy, and have some time on your hands, you're going to need a lawyer to get through this process. You may also find that in many places cases like this (involving little monetary damage, and not likely to be an immediate danger to health or safety) your case will be diverted from the court system to mediation. If running down to town hall, and showing a judge some pictures that morning works were you are, then that's a viable option. I'd have to say you're in the minority. Also, since the OP has added the information that the house is owned by the county, and rented, it probably wouldn't even be as simple as your situation even if that unique option was available. In most places a municipal judge doesn't have jurisdiction to order the county to do anything. The court system is seldom the answer to neighbor disputes. And it certainly should never be the first thing anyone tries. -- Warren H. ========== Disclaimer: My views reflect those of myself, and not my employer, my friends, nor (as she often tells me) my wife. Any resemblance to the views of anybody living or dead is coincidental. No animals were hurt in the writing of this response -- unless you count my dog who desperately wants to go outside now. Blatant Plug: Get Black and Decker Landscaping Tools He http://www.holzemville.com/mall/blac...ker/index.html |
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