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I wanted to know if I have a case to sue our town court for…

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I wanted to know...

I wanted to know if I have a case to sue our town court for the following scenario. We have just a few payments left on our home and we decided to put up a fence in our yard. Now this is our first home and this is the first time we decided to do anything like this. We were unaware that we needed to get a permit. Now we know and are working to get this however we are now involved in a court case because the town wants the fence no further than 11 feet from our foundation. We have it 7 inches further than that. The main reason for the fence is because we constantly have a next door neighbor mowing our lawn even after we have numerous times asked that he not do this but most importantly we have a 7 year old. For the whole 17 years that we have lived in this home we have had cars drive through our grass and cut corners at high rates of speed. This fence was to help stop this from happening. My child could potentially be killed by one of these cars. Now in speaking with the town, they have had similar issues where residents build fences or docks which require the same thing, and white people only need send in pictures, many times not needing to pay a fine or go to court. I believe that my husband is being targeted because he is Hispanic. English is not his first language. The group that he met with would not give him their names, when I went they would not give me their names until I went around and introduced myself. I am Caucasian. They would not listen to a word we had to say in defense of anything and just said do this or go to jail. I know that had he been white he would have not been treated this way. Can we sue for defamation of character, lost time from work, stress, loss of job, loss of apetite and all of the frustration, crying and plain feeling hopeless.

Lawyer's Assistant: What state is this in? And how old is the car?

This is in NYS. This is a home and it started with the building of a fence which turned into much more.

Lawyer's Assistant: Has any paperwork been filed?

Not from us. They have filed towards us.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 14 hours by:
9/12/2017
Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago
Damien Bosco
Damien Bosco, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,578
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

You say you are involved in a court case about the fence. Have you been served a summons and complaint? Have you answered the complaint yet?

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Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

Hello. I have not heard back you. Are you still looking for help on your question? If so, please let me know. Thank you.

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Customer reply replied 8 months ago
I was not served with a complaint to got to court. We have been there 3 times now and we,are only meeting with the Town code enforcement and prosecutor. I just found this out yesterday.
Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

So the issue is they want you to move the fence and if you do not, they say your husband would be sent to jail? That does not make sense at all. This is not a criminal matter. It is code or regulation violation. You are saying that they do not require others to move the fence but are requiring you because of your husband's ethnicity. That could be a possible defense. National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality. We can discuss more if you would like to do so.

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Customer reply replied 8 months ago
please.Greece told us that we only have 11ft from or foundation that is actually our property. The rest belongs to the Town. Would that be accurate? It was indicated that 25 ft from the center of the road up to our property is the town's property and we just maintain this. With this information we can build a fence around our bushes. Nothing further.
Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

I do not know if it is accurate or not. I would have to review documentation regarding it, which I do not have. Possibly, you can have them give you a copy of the reference. If you have a survey of your property line from when you purchased the property, that would tell you where your property ends.

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Customer reply replied 8 months ago
Ok. What about the fact that any codes that are changed we continuously change or property to comply. We were told that when we purchased our home that even though there was a walkway that exceeded there property line, we should have and need to remove the portion of the walkway to be in compliance or we are fined for this. Our home was built in 1948.
Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

You could have another defense regarding the code changes. An example would be to argue for a grandfather clause since you have been an owner for so long and therefore do not need to comply with the new code change. Usually, if the town says you violate a code, etc. there is a decision made, then you have a chance to appeal it within the town and then appeal it to the court system. We can discuss more but I have to step away for about 40 minutes. If you do not need to discuss this more, then you would present your defenses (as we discussed) to the town and throughout any appeal. If you want to discuss more, I can when I get back. Best regards.

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Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

Hi there again. If you have further questions, let me know. Best regards.

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Real Estate Lawyer: Damien Bosco, Lawyer replied 8 months ago

Hello again: I have been happy to answer your questions. Please remember to provide a rating between 3 and 5 stars for the services I provided to you. Thank you.

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