D
diannem
Guest
What is the name of your state? new jersey
i also posted this in another section - not quite sure where it goes.
actually two issues - 1st one is the inefficient way the township building department is being run. we filed for an outbuidling permit in september and it is still not approved - from what the township said they have 21 days to get it through. papers getting lost - other items in our permit file that didn't belong in our file held up processing (i.e., fireplace brochure so it was rejected because we didn't have the sketch of the fireplace - we weren't putting in a fireplace to begin with it's a hobby kennel and we do not need a variance) not receiving mail or phone calls regarding rejections, satisfying any rejection only to have it kicked back for more clarification from the same department (why they didn't catch it the first go around?). all this comes after our refusal to sell the township our property - could this have something to do with the run around? Is there any legal recourse? Any suggestions?
2nd issue - limitations on pets - PA and other states that this is considered a violation of ones constitutional rights to have government set limitations on animals (which I believe are considered private property still). I believe if the animals are well cared for and not a nuisance that the township cannot enforce a limitation. one such case Kadash v. City of Williamsport 1975: "What is not an infringement upon public safety and is not a nuisance cannot be made one by legislative fiat and then prohibited. Even legitimate legislative goals cannot be pursued by means which stifle fundamental personal liberty when the goals can otherwise be more reasonably be achieved". another case from a judge in Sauk Rapids, MI granted a judgment against the city for two-dog limit laws, the judge called "an invalid exercise of police power violating the plaintiff's Constitutional rights to due process" "The court finds that ownership of dogs and other pets is a property right which is protected by the Consitition" said Distric court Judge, Thomas P. Knapp when he granted the judgement on June 5.
so, our township (brick, nj) had a 5 domestic pet limit 2 years ago when i called this is what they told me. i inquired about renewing licenses and was told now it is a 4 domestic limit! i live on five acres and am zoned rural residential where i can have horses and/or livestock. the gentlemen two houses away has a wild life license and houses deer and other wildlife - he lives on less than 2 acres, but i can now only have four total pets?
again, is this legal and can i fight this as the above referenced cases? what type of lawyer would be best to retain?
thank you and sorry for the lengthy posts.
dianne
frustrated in nj
i also posted this in another section - not quite sure where it goes.
actually two issues - 1st one is the inefficient way the township building department is being run. we filed for an outbuidling permit in september and it is still not approved - from what the township said they have 21 days to get it through. papers getting lost - other items in our permit file that didn't belong in our file held up processing (i.e., fireplace brochure so it was rejected because we didn't have the sketch of the fireplace - we weren't putting in a fireplace to begin with it's a hobby kennel and we do not need a variance) not receiving mail or phone calls regarding rejections, satisfying any rejection only to have it kicked back for more clarification from the same department (why they didn't catch it the first go around?). all this comes after our refusal to sell the township our property - could this have something to do with the run around? Is there any legal recourse? Any suggestions?
2nd issue - limitations on pets - PA and other states that this is considered a violation of ones constitutional rights to have government set limitations on animals (which I believe are considered private property still). I believe if the animals are well cared for and not a nuisance that the township cannot enforce a limitation. one such case Kadash v. City of Williamsport 1975: "What is not an infringement upon public safety and is not a nuisance cannot be made one by legislative fiat and then prohibited. Even legitimate legislative goals cannot be pursued by means which stifle fundamental personal liberty when the goals can otherwise be more reasonably be achieved". another case from a judge in Sauk Rapids, MI granted a judgment against the city for two-dog limit laws, the judge called "an invalid exercise of police power violating the plaintiff's Constitutional rights to due process" "The court finds that ownership of dogs and other pets is a property right which is protected by the Consitition" said Distric court Judge, Thomas P. Knapp when he granted the judgement on June 5.
so, our township (brick, nj) had a 5 domestic pet limit 2 years ago when i called this is what they told me. i inquired about renewing licenses and was told now it is a 4 domestic limit! i live on five acres and am zoned rural residential where i can have horses and/or livestock. the gentlemen two houses away has a wild life license and houses deer and other wildlife - he lives on less than 2 acres, but i can now only have four total pets?
again, is this legal and can i fight this as the above referenced cases? what type of lawyer would be best to retain?
thank you and sorry for the lengthy posts.
dianne
frustrated in nj