Download or read book Attorney General Opinion No 1994 047 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.

Download or read book Attorney General Opinion No 1995 047 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If, in the reasonable exercise of its discretion, the board of the Lake Wabaunsee improvement district determines that repairs are necessary to secure outlets, disposal, etc., and permit satisfactory performance of the sewer system within the district, it may expend district moneys to help make the necessary repairs to a dam located outside the corporate limits of the district. Cited herein: K.S.A. 19-2753; 19-2765; K.S.A. 1994 Supp. 77-201.

Download or read book Attorney General Opinion No 1993 047 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where both the district and city agree that title be retained by the district, it is not mandatory that a city which annexes land located within a rural water district acquire title to district facilities. Cited herein: K.S.A. 12-527.

Download or read book Attorney General Opinion No 1994 078 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.

Download or read book Attorney General Opinion No 1984 047 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.

Download or read book Attorney General Opinion No 1994 003 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The residence of a pupil for the purpose of attending school is not limited to the residence or domicile of the parents. A child may attend school in a particular school district if the child lives with a resident of the school district who has actual care and control of the child and is supporting the child or has the written consent of the child's parents. State law does not recognize the intention of the pupil for changing the pupil's living arrangements as a factor to be considered when determining whether a pupil may attend school in a particular school district. State law does not obligate each school district to suspend or expel a pupil who has engaged in any of the activities set forth in K.S.A. 72-8901; rather, discretion is given each school district to determine for which offenses a pupil of the school district may be suspended or expelled. A school district does not possess the authority to suspend or expel a pupil from attending school in another school district. Given this limitation of authority, the fact that a pupil has been expelled from attending school in the former school district does not result in expulsion from attending school in the present school district. K.S.A. 72-8905excuses a pupil from compulsory attendance in a school district once the pupil has been suspended or expelled from that particular school district. However, if the place of residence of the pupil is moved to another school district, the pupil is once again subject to K.S.A. 72-1111. Cited herein: K.S.A. 72-961; 72-1046; 72-1111; 72-1113; 72-8901; 72-8903; 72-8904; 72-8905; Kan. Const., art. 6, sec. 2; L. 1970, ch. 300.

Download or read book Attorney General Opinion No 1994 117 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.

Download or read book Attorney General Opinion No 1994 009 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.

Download or read book Attorney General Opinion No 1994 098 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.

Download or read book Attorney General Opinion No 1994 036 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In an election to approve a tax levy increase, a watershed district formed pursuant to K.S.A. 24-1201 et seq., must determine who is a landowner for purposes of establishing "qualified elector" status. By statute, the tax rolls establish satisfactory evidence of title when furnished by the county clerk as a record of ownership, K.S.A. 24-1203. When, however, a qualified landowner's identity appears as et ux., et vir. or et al. on the tax rolls, the election judge may challenge such voter's qualifications using the general conduct of election laws found at K.S.A. 25-407 et seq. If challenged, the landowner must establish the right to vote by presenting a copy of the recorded deed identifying the person as a landowner. Cited herein: K.S.A. 24-1201; 24-1202; 24-1203; 24-1219; 25-407; 25-410; 25-414; 25-2601; 25-2908; 54-101; 54-104.

Download or read book Attorney General Opinion No 1994 136 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.

Download or read book Attorney General Opinion No 1994 084 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The application affidavit provisions of 1994 senate bill no. 459 do not require notarization if an unsworn written declaration, subscribed under penalty of perjury, in substantially the form required by K.S.A. 1993 Supp. 53-601 is given in lieu of a sworn affidavit. Cited herein: K.S.A. 1993 Supp. 53-502; 53-601; K.S.A. 54-101; 54-105; 1994 S.B. No. 459.

Download or read book Attorney General Opinion No 1994 095 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.

Download or read book Attorney General Opinion No 1978 047 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where a public officer is convicted of perjury during a prior term, arising out of a matter unrelated to the performance of his official duties or to the affairs of the municipality which he serves, the offense was widely disclosed to and known to the electorate prior to and at the time of his reelection, and there is no basis for deeming any actionable conduct to have extended into his present term, his return to office by the electorate for a succeeding term prohibits an ouster proceeding based upon the conviction occurring during the preceding term.

Download or read book Attorney General Opinion No 1994 004 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Moneys in local special law enforcement trust funds or the state special asset forfeiture fund may be used to provide matching funds to obtain federal grants for law enforcement purposes, as long as such use does not replace or reduce amounts previously budgeted or appropriated by the local or state government for that purpose. Cited herein: K.S.A. 65-4173.

Download or read book Attorney General Opinion No 1994 056 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.

Download or read book Attorney General Opinion No 1994 101 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.