Question
Step 1: Review the following fact pattern Holly Homeowner was a homeowner no more. Due to a protracted illness, she was unable to work. When
Step 1: Review the following fact pattern
Holly Homeowner was a homeowner no more. Due to a protracted illness, she was unable to work. When her disability benefits ran out, she was unable to make her mortgage payment. Subsequently, she lost her home to foreclosure. She signed an agreement with her mortgage lender allowing the foreclosure, relinquished ownership of the house, and moved out. Three years after she moved out, a code inspector came to the house, which had been vacant. The inspector found an overgrown backyard and a swimming pool that had turned into a mosquito-infested cesspool. The City sent Holly, who was still listed as the homeowner in county property records, a letter informing her of the problems. The City began to fine her $100 a day. The letter was returned to the City as "undeliverable", with no forwarding address. Successive letters were, again, returned to the City as "undeliverable", with no forwarding address. The City continued fining Holly $100 a day. Holly met one of her old neighbors for lunch on Wednesday. He handed Holly one of the letters from the city that was mistakenly deposited in his mailbox on Tuesday. The letter stated Holly owed the City $105,000.00 in fees and penalties. Holly is in your office and asks if the City can impose such excessive fines. Use your jurisdiction to answer her question--does the Eighth Amendment, which forbids "excessive fines," restrict the fees state and local governments can impose?
Step 2: ResearchCalifornia's lawregarding excessive fines and penalties
Step 3: Researchfederal lawregarding excessive fines and penalties
Step 4: Draft the opinion letter for Holly Homeowner. Make sure to provide a recommendation to Holly on a possible course of action in the form of a conclusion.Make sure your letter is cited using correct Bluebook citations
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