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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My business was annexed without notification to me in 2008.

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My business was annexed without notification to me in 2008. The city that annexed me waited 90 days for my appeal period to come and go before inforing me that I had been annexed! Then they basically ordered me to get a business license like it or not. Their motivation for such activity was they were trying to buy a tract of land adjacent to my propeerty from a very rich man. I have refused to pay for a business license and now I have a jury trial in late January. My opinion is that my "Civil Rights" have been vioated in this situaion and while it is true that my appeal has come and gone what about my rights as a US citizen. Can I sue the city for what they did??
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

I need to clarify something - you state that you have trial in January but also that your "appeal has come and gone." Can you explain what you mean by this?

Customer: replied 6 years ago.
I was fined $1,092 for not getting a business license. The summons I was issued allos me a jury trial. At the trail I will confess that the city's tactics were techinally legal but not ethical. I will be facing a six member jury of fellow citizens form my town. I will state that undeer the constition it is within my civil rights to be notified about my property being annexed. I was also building an expanion to my office under a "county building permit" aned that project was shut down by the city and delayed for several months. If this procedue is a violation of my civil rights can I sue the city and convince the jury that I do not belong in the city because I was never informed. The issue of th esummons gave me a new dance floor or window to argue my case. Please advise....
Expert:  Ely replied 6 years ago.
I see where you're coming from! Ok, this is a long shot, but it's worth a try. Every state has a cause of action which prevents anyone from interfering or disrupting one's business practices! Even if it's not codified, it's common law, and thus still applicable. That's what happened here.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: INTERFERENCE WITH BUSINESS PRACTICE and NEGLIGENCE.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.

In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.

So, what needs to happen is that you have to file this civil action while the other case is playing out. It's worth a try. If you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

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