What is the name of your state (only U.S. law)? KS
1.5yrs ago, my small town decided to hire a code officer. I have 2 smaller semi trailers parked in a residential area. She said they are "commercial". I protested because commercial refers to commerce in the code book and I can prove otherwise. Anyway, I decided to be civil and file for a "variance" per their recommendation in which I told them I would eventually move them. I was given a 1yr variance. Inside the year, those trailers moved, but I had some others parked here about the time of the "ticket".
FF to court. Ticket had some jacked up number on it that was later determined to be the variance number. The judge, nor I, knew what that was but the clerk said it refers to some other ordinance number that he proceeded to charge me with, which was actually for illegally parking in the street. I knew I was innocent of it so I set it for trial. As the trial proceeded, the prosecution decided they were not going to win with that so went back to the original numbers on the ticket saying "trailer were not removed in proper amount of time" and proceeded to just amend the prosecutions charge ordinance like no biggy.
I objected to their instant change of stand on the issue and told them "was defending against the charges I was told by the judge I was charged with". I then had no opportunity to litigate from that side and judge just said "guilty" because he wanted to go home.
Courts and code officer do NOT have any way to verify the trailers in the variance were the ones parked there at the time of the ticket. They were not. There is also no way for them to prove commercial use. But more importantly, I was ticked to see how the judge and prosecution easily just changed things around despite my objection of being told I was charged with one thing, then another, while at trial.
I gave them the finger and looking to appeal in district court without a crooked judge. I am curious about the process, and what angle I should consider? I know the code officer may not be employed there much longer in which that might be a win. I would like to file subpoenas on the city, code witch, prosecution files, code witch's itinerary at that time, and interrogatories. I would also like to ask the court for my fine reimbursement and lost wages.
1.5yrs ago, my small town decided to hire a code officer. I have 2 smaller semi trailers parked in a residential area. She said they are "commercial". I protested because commercial refers to commerce in the code book and I can prove otherwise. Anyway, I decided to be civil and file for a "variance" per their recommendation in which I told them I would eventually move them. I was given a 1yr variance. Inside the year, those trailers moved, but I had some others parked here about the time of the "ticket".
FF to court. Ticket had some jacked up number on it that was later determined to be the variance number. The judge, nor I, knew what that was but the clerk said it refers to some other ordinance number that he proceeded to charge me with, which was actually for illegally parking in the street. I knew I was innocent of it so I set it for trial. As the trial proceeded, the prosecution decided they were not going to win with that so went back to the original numbers on the ticket saying "trailer were not removed in proper amount of time" and proceeded to just amend the prosecutions charge ordinance like no biggy.
I objected to their instant change of stand on the issue and told them "was defending against the charges I was told by the judge I was charged with". I then had no opportunity to litigate from that side and judge just said "guilty" because he wanted to go home.
Courts and code officer do NOT have any way to verify the trailers in the variance were the ones parked there at the time of the ticket. They were not. There is also no way for them to prove commercial use. But more importantly, I was ticked to see how the judge and prosecution easily just changed things around despite my objection of being told I was charged with one thing, then another, while at trial.
I gave them the finger and looking to appeal in district court without a crooked judge. I am curious about the process, and what angle I should consider? I know the code officer may not be employed there much longer in which that might be a win. I would like to file subpoenas on the city, code witch, prosecution files, code witch's itinerary at that time, and interrogatories. I would also like to ask the court for my fine reimbursement and lost wages.
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