68
I believe you are correct. It doesn't seem illegal for a private individual to use a bee pesticide (following label instructions) to remove a beehive from property that you own. There are federal laws regarding the commercial use of pesticides which are regulated under the EPA (not the FDA). People are encouraged to report bees being killed to the EPA from ...
31
You have a third option: Sue the district for violating state or local law. There are lots of recent news stories about people doing just this and winning.
The US Constitution Can't Help You: The school district is not violating your constitutional rights by installing lights at the stadium. The only constitutional protection remotely connected to your ...
7
What is the correct way to handle this situation?
Strictly speaking, each driver exceeding the speed limit is in violation of the traffic sign even if everybody else also infringes it. Thus it is completely valid for the police to pull & fine anyone from among those drivers.
Statutes like the one you mention are intended for scenarios where a driver ...
6
You could first look for a force majeure clause in the lease which says something about natural disasters and the like. If there is a clause which says e.g. "Landlord will not be held responsible for problems arising from ice storms", that doesn't help you, but maybe it specifies e.g. rent reduction of $2/day for lack of electricity. That doesn't mean he can ...
6
An affirmative defense is a way of avoiding conviction by acknowledging you did the act claimed, but that such act was among the exceptions provided by the law which makes such acts otherwise an offence.
That is, you affirm (acknowledge, admit) your action of using the device, but you are claiming that your use of the device (handsfree as a GPS guide) is ...
5
You need to call and find a lawyer right away. The first action will probably to get a court order to temporarily block the construction until the case can work through the courts. At the same time, find the list of all your legislative representatives including your senators (you'll have two), your Representative (You'll have one) and your state ...
5
I had a neighbor who was a licensed exterminator. We had bees move into our eaves and was talking to him about choices. He said a licensed exterminator isn't allowed to kill them but has to move them. A homeowner though can do anything they want.
5
Certified applicator here.
You can use pesticides labeled for killing bees. But that's all.
It is illegal to use pesticides contrary to their labeling.
Stop stop stop. Before you arch your back, go over and read this bountied, well-voted Skeptics answer from a 116k rated mod.
This type of labeling is present on every pesticide in Home Depot, Lowes, Farmer ...
answered Apr 11 '20 at 16:30
Harper - Reinstate Monica
13.3k2 gold badges21 silver badges57 bronze badges
5
Does (Customer) have any claim or recourse against (Store)?
No. The store's conduct altogether preempts a finding of unconscionable tactics. The store's conduct would not be found in violation of Oregon's Unfair Trade Practices Act (UTPA). See ORS 646.605(9) et seq.
(I am not verifying the multitude of cross-references in the UTPA, but the language of ...
5
Short Answer
Where online can one find a database of convictions that allows one to
search convictions by statute section?
This doesn't exist.
Long Answer
Typically, the way the records a kept by the courts in the ordinary course will involve statistical categories that assign one category expressed in words to a case, that may encompass multiple statutory ...
4
The fire department is entirely within its rights, which are the same as any other property owner. The fact that property is owned by a governmental body does not mean that members of the public can't be excluded that property.
Some governmental property is public, but lots of it is private, and this would usually include most parts of fire department ...
4
The problem is that the law enforcement authorities could easily contend that the simple fact of a police car on the road projects the power and authority of law enforcement, and if a car was built and driven by someone who is not an officer, that would constitute impersonation because people would assume only a police officer would be driving a police car. ...
4
I can't see anything to say this is a state-wide ban.
Do they have to give an opportunity to return unused fireworks for a refund?
The ban imposed by Portland Fire and Rescue appears to relate to the use, not possession, of fireworks so I assume that the stores' / State's regular refund policies would apply.
Due to unusually hot temperatures and dry ...
4
united-states
In the US, such an IOU may be grounds for suit
The Uniform Commercial Code (UCC) which has been enacted (with minor variations) in every UIS staye, governs such matters.
UCC § 3-104 provides that:
(a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount ...
3
Worst case:
18 U.S. Code § 2381 - Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ...
3
The statute of limitations in Oregon appears to be six years (per the link provided by Nate Eldgredge in the comments). This would be extended if there was a partial payment or written affirmation of the debt by the debtor.
3
Yes there are pretty certain speed limits on freeways.
Let's have a look at ORS 811.130:
(1) A person commits the offense of impeding traffic if the person
drives a motor vehicle or a combination of motor vehicles in a manner
that impedes or blocks the normal and reasonable movement of traffic.
"normal and reasonable" are the keywords here. Driving ...
3
There's nothing he can really write that any court would have to listen to - after all, from the court's perspective, he could have been lying when he wrote it down. And following orders is generally not a defense (although if he was under actual duress, like they were threatening to kill him if he didn't do it, that could be a defense.) But being a pawn ...
3
File as a partnership for the return for the calendar year of her death. File on Schedule C as a sole proprietorship in subsequent years. Generally there is nothing to formally terminate.
Unless there are licenses to do business involved, no formal notification of change of entity type is necessary.
Since a partnership is a pass-through business, the tax ...
2
There is a 6 year statute of limitations for contract cases, and for non-contract cases involving fraud or deceit, the two year "limitation shall be deemed to commence only from the discovery of the fraud or deceit".
[Addendum]
The seller's disclosure is required by ORS 105.465(2), and described in ORS 105.464. Item G addresses moisture problems. If that ...
2
I don't find any state law on the topic. There was a federal ban on transplanting such organs but that was changed in 2013 by the HIV Organ Policy Equity Act. It allows HIV-positive donors to donate to HIV-positive recipients, which was banned under the Organ Transplant Amendments Act of 1988.
2
You shouldn't try to bring suit against the state or DHS.
DHS and the state and any other plausible defendants all have sovereign immunity from all liability for the kinds of conduct that you describe. Their actions were expressly approved by judges which gives them complete immunity from liability. You would not prevail. There is nothing you can do about ...
2
A school official might have the legal right to search you (without a warrant), if, following New Jersey v. T.L.O, they have a reasonable suspicion that the student has done something wrong (not necessarily a crime). However, students do have a reasonable expectation of privacy. The court ruled that schools do not have the same complete right to invade their ...
2
To be very straightforward, yes, a police department would very likely have records of their past interactions with you in the form of police reports. They cannot just throw them away because it's been scrubbed from your public record. They detail the interactions the police officer had with you.
That being said, those records would not show up in a general ...
2
If we went after the city (or state) for something like negligence (or
whatever term fits the broad issues above), is it likely that we can
recover monetary damages (and/or attorney fees) since they seem to
have sided with the officer?
My partner has diagnosed PTSD as a direct result of these ongoings.
This case impacted my partner's ability to ...
2
Get a Stalking Protective Order
TL;DR: he hasn't committed anything illegal (nothing to send him to jail for), and there doesn't seem to be any way to sue him in civil law (for money), but you can try to stop him contacting your family with a stalking protective order
The information below may not be very useful in your circumstances, but I believe is ...
2
Only the children
If I may suggest, don't put Latin terms you (and possibly your executor) don't understand - state what you want to happen in plain English. Oh, and hire a lawyer to draft it.
2
Assuming this is rental of a residential property, the situation you describe can't happen. Oregon Revised Statutes 90.323(3)(a) prohibits raising the rent during the first year of tenancy.
If this is a non-residential property, it will be spelled out in the rental agreement.
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