can a small town tell a mechanic shop they cant have cars outside there shop or even work on them outside

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can a small town tell a mechanic shop they cant have cars outside there shop or even work on them outside

the town decided to tell 3 mechanic shops that they cant have cars outside there shop and they cant work on anything outside there shop and there bay doors need to be shut all times. for years they never had a problem now they do. they said they would issue a fine if we didnt comply. it will shut us all down

Asked on July 7, 2018 under Business Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they have a  law (e.g. ordinance) on the books that prevents the mechanics shops from having cars outside or working on cars outside, then they can enforce those laws--even if they have not done so in the past. The failure to previously enforce a law does not bar or prevent enforcing it later. If there is no law or ordinance governing this, town officials cannot simply decide they no longer like it--they need legal authority to bar or prevent this. So if there no law currently on the books, they would have to pass a law first to give them the authority.


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