Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I live in a neighborhood where most residents paid extra when they bought their homes to backup to what we consider...

Customer Question
I live in a neighborhood...
I live in a neighborhood where most residents paid extra when they bought their homes to backup to what we consider an easement. We were told it was wetlands and could never be built on. The easement was recently sold to a developer.After much protest from residents, the Bixby Oklahoma City Council denied a preliminary plat for the subdivision that was to be built on this easement. The developer threated to sue the city based on Kelly v. City of Bethany 1978.The City is now bringing the plat back up for vote so they can approve it because of the law suit threat. How can we can fight the city to make sure this plat isn't approved? Are there cases similar to Kelly v. City of Bethany where the city won?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 hours by:
6/24/2016
Lawyer: N Cal Atty, Lawyer replied 1 year ago
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,528
Experience: attorney at self
Verified

Thank you for your question.

Can you find the wetland on the inventory linked from

https://www.ok.gov/wetlands/Regulations/404_Permitting/

Does the developer have a 404 permit?

Are there any endangered species living in the wetland?

Ask Your Own Legal Question
Customer reply replied 1 year ago
It is not a wetland any more. They changed it years ago before we even bought the houses. It was deception in part of the builders. We have lawsuits against them. Currently we are just trying to stop the city council from allowing them to build the development as we have extremely small backyards because we thought we had over 100 feet of the easement to use.There are no endangered species.
Customer reply replied 1 year ago
Also the "easement" isn't really an easement. Our builders told us to use it like we own it. Many of the builders installed sprinkler systems into it and sodded it for us. Perhaps there is an angle with that making it an easement? We don't know.
Customer reply replied 1 year ago
We've been meticulously caring for about 115' or the land for about 7 years.
Lawyer: N Cal Atty, Lawyer replied 1 year ago

It sounds like the developers committed fraud. You might try having your lawyer tell their lawyers that if the developers do not buy that parcel and dedicate it as an easement for the people in your development, they they will add claims for fraud to the existing lawsuit.

Or are you ready suing them for fraud?

Ask Your Own Legal Question
Customer reply replied 1 year ago
Our immediate need is to get the city Council to reject the plat.
Lawyer: N Cal Atty, Lawyer replied 1 year ago

The Kelly case gives the City Council discretion to reject the plat.

"A solution to this paradoxical problem may be found in the provision of the Bethany ordinance requiring reasons to be given for disapproval of a plat. Council did not follow this directive and the trial court issued the peremptory writ against the mayor commanding him to deliver reasons for refusal to appellants. Once these reasons are made known, the trial court's task will be simplified. If reasons state Bethany does not wish to accept the dedications shown on the plat then the decision to deny approval is discretionary and not susceptible to mandamus. Further if it is shown Council's refusal is based on non-compliance with ordinances, this too is within Council's discretion".

You can petition or lobby the Council not to accept the plat because it will raise the costs to the city of maintaining the proposed roads, in addition to creating an overly dense development.

Did the developer post a maintenance bond as required by section 12-12-1 of

http://www.sterlingcodifiers.com/codebook/index.php?book_id=590?

Ask Your Own Legal Question
Customer reply replied 1 year ago
I will check into the maintenance bond. Is it your understanding that the bond is required before the preliminary plat can be approved by the city council?
Lawyer: N Cal Atty, Lawyer replied 1 year ago

Yes that is my understanding.

12-12-1: MAINTENANCE BOND REQUIRED IN ADVANCE:

No streets, storm water system, water distribution system, wastewater system or other public improvements shall be accepted for ownership or maintenance by the city until the contractor has furnished:

A. Individual maintenance bonds covering one hundred percent (100%) of the construction costs of the improvement for a period of two (2) years from the date of acceptance by the city;

//

Ask Your Own Legal Question
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,528
9,528 Satisfied Customers
Experience: attorney at self

N Cal Atty is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a certificate of ownership for 4 trunk boxes and 1
I have a certificate of ownership for 4 trunk boxes and 1 sack if gold dust … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
If I change the ownership on investments out of my name and
If I change the ownership on investments out of my name and withdraw funds from my bank account prior to filing for divorce, will that protect those assets from the 50/50 division in CA? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I sold my 50% ownership in a company on December 31st, to my
I sold my 50% ownership in a company on December 31st, to my partner. We have 300,000. In our checking account as of December 31st. Legally, 50% of that is mine. Correct? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
When - At what point - does a seller lose ownership, or
When - At what point - does a seller lose ownership, or control/responsibility of the product, in a "Sale" "Purchase." … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
A person is listed in public records of having ownership and
a person is listed in public records of having ownership and also has the title and deed another person filed a les pendens on the property and claims she now has ownership also does she … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
I purchased a vehicle, but have not taken ownership yet. The
I purchased a vehicle, but have not taken ownership yet. The car had a rattle and the dealership said that they'd fix the rattle and documented they would on the sale. The manager from the dealership … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I have a business partner in 50% ownership in a night club
I have a business partner in 50% ownership in a night club who is very bad I need legal advice to exit partnership … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a question regarding personal property ownership
I have a question regarding personal property ownership after death … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a contract for ownership in a surgery center. I also
I have a contract for ownership in a surgery center. I also had a contract for employment by a hospital system. I left system that enforced non-compete. Surgery center is claiming I must sell because … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
If I entered into a verbal ownership agreement with a person
if I entered into a verbal ownership agreement with a person to own 50% of my commercial building, but allowed him to use some of my space for four years, how do I get back the legal right to sell my … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I have a question regarding transfer of ownership of real
I have a question regarding transfer of ownership of real estate in Minnesota. … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I have joint ownership in a home with my now ex boyfriend of
I have joint ownership in a home with my now ex boyfriend of 13 years. I moved out, he lives in it and does not want to sell. If I wait until next year, while he's been making payments on it, am I sti… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Yesterday we bought into Wyndham Vacation Ownership in
Yesterday we bought into Wyndham Vacation Ownership in Nashville Tn. We fell that they were not honest and that we were mislead.Is it possible to get our money back? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I need to secure a ownership % of a property with a lien in
I need to secure a ownership % of a property with a lien in phoenix AZ … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I was informed that ownership of a gold shipment has to be
I was informed that ownership of a gold shipment has to be changed. Iam the receiver, but need to know the fees for changing ownership. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,305 satisfied customers
Is there a new law that will limit ownership of stock to
Is there a new law that will limit ownership of stock to those who have over $300,000 should the dollar crash? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
What is the cost of change in ownership in Ghana for will
What is the cost of change in ownership in Ghana for will that has passed property to a child of majority age? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about selling/transferring ownership of an
I have a question about selling/transferring ownership of an LLC to a a new person. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x