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Martinsburg has ILLEGAL city property gun ban

BB62

BB62

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Make sure when you get your law you try and get what Ohio got - attorney fees, etc. if a municipality attempts to enforce its ordinance.

I don't know if that covers costs BEFORE going to court, because I doubt a municipality will actually take it to court...
 
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Mike

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BB62 wrote:
Make sure when you get your law you try and get what Ohio got - attorney fees, etc. if a municipality attempts to enforce its ordinance.

I don't know if that covers costs BEFORE going to court, because I doubt a municipality will actually take it to court...
Click to expand...
what Ohio statute gives you attorneys fees for preemption violations? I would like to check that out
 
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JimMullinsWVCDL

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Mike wrote:
BB62 wrote:
Make sure when you get your law you try and get what Ohio got - attorney fees, etc. if a municipality attempts to enforce its ordinance.

I don't know if that covers costs BEFORE going to court, because I doubt a municipality will actually take it to court...
Click to expand...
what Ohio statute gives you attorneys fees for preemption violations? I would like to check that out
Click to expand...
Ohio Rev. Code § 9.68(B) (2007)("In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.").
 
BB62

BB62

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Thanks for the cite.

As far as I know, even we here in Ohio are unsure about whether this covers costs associated with going back and forth with a governmental entity prior to or in the absence of going to court.

I'm not aware of a circumstance where the above has been tested.
 
J

JimMullinsWVCDL

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BB62 wrote:
Thanks for the cite.

As far as I know, even we here in Ohio are unsure about whether this covers costs associated with going back and forth with a governmental entity prior to or in the absence of going to court.

I'm not aware of a circumstance where the above has been tested.
Click to expand...
I have clarified my bill to ensure that fee-shifting includes any pre-litigation enforcement activities--which should generally go no further than a phone call or letter before filing a lawsuit.

I would have to examine some case law, but fee-shifting provisions are remedial statutes (laws that provide some form of civil relief) and are thus liberally construed.

Although I too am awaiting the Ohio Supreme Court's decision in OFCC v. City of Clyde, we in West Virginia do not have to worry about the constitutional home rule issue that Clyde is trying to use to shield itself from preemption. My written presentation to the Martinsburg City Councilcontained just a sampling of our state's case law narrowly construing municipal powers and recognizing Acts of the Legislature as superior to all municipal acts (counties, which have never been a problem because their powers are even more limited than municipalities, are also subject to strict limits on authority).
 
Dreamer

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So has there been any develpments on the MArtinsburg Ordinance? I'm planning to visit Martinsburg a few times this spring, and would like to OC, and the LAST thing I need to worry about is getting harassed because of an illegal law...

What gives?
 
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