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 1996 047 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Local alcoholic liquor fund tax monies that are placed in a county's special parks and recreation fund may be distributed to cities of the second and third classes located in the county that have parks and recreation programs provided that the monies are used for the purposes indicated in the statute. Cited herein: K.S.A. 1995 Supp. 79-41a02; 79-41a04.

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 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 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 1995 085 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: While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.

Download or read book Attorney General Opinion No 1995 046 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: The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.

Download or read book Attorney General Opinion No 1995 095 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: Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.

Download or read book Attorney General Opinion No 1995 100 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: The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.

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 1985 047 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A popular election, held pursuant to K.S.A. 12-2001, at which the voters disapprove a city ordinance renewing a franchise with a natural gas company renders the ordinance in question void and without effect. The company in question, however, may continue to provide services and the city may continue to accept services according to the terms of the expired franchise under a theory of implied contract. Popular disapproval of an ordinance granting a franchise to a company does not prevent a city governing body from approving a new ordinance which grants a somewhat different franchise to the same company. Cited herein: K.S.A. 12-801, 12-2001, 12-2002.

Download or read book Attorney General Opinion No 1995 010 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: A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.

Download or read book Attorney General Opinion No 1989 047 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 21-3914 and K.S.A. 1988 Supp. 45-220 limit the use of information obtained from public records so as to prohibit commercial solicitation of persons whose names and addresses are of record. Using information from county assessment, appraisal and tax records and maps to produce "microfiche ownership products and maps" is not prohibited. In this case, names and addresses taken from public records are not used to solicit those persons to purchase property or services; rather, they are used to produce an item that provides the same information which is available to the public. Cited herein: K.S.A. 21-3914; 45-215; 45-220; K.S.A. 1988 Supp. 45-221.

Download or read book Attorney General Opinion No 1995 111 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: K.S.A. 12-6a06 contains two requirements for a successful protest to a city-initiated improvement. The protest must be signed by at least 51% of the resident owners of record in the improvement district, and the protest must also contain the signatures of the owners of record (resident or nonresident) of more than half of the area in the improvement district. Cited herein: K.S.A. 12-6a01; 12-6a04; 12-6a06.

Download or read book Attorney General Opinion No 1995 114 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: Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.

Download or read book Attorney General Opinion No 1995 036 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: The old Rock Island Railroad depot building donated in 1959 to the Eisenhower presidential library commission was library property, and title thereto was acquired in the name of the state. Assuming the governor conveyed the library property of the Eisenhower presidential library commission to the United States as provided by L. 1961, ch. 393, and assuming the federal government accepted such conveyance pursuant to federal statute, title to the building was thereby transferred to the federal government. The storage contract for the depot building executed in 1960 by the commission and Old Abilene Town Company, Inc. expired in 1985. Thereafter, the federal government as the presumed successor title owner had the legal right to take possession of the depot building. Cited herein: L. 1955, ch. 358, sections 1, 2, 5; L. 1957, ch. 432, sections 1, 2; L. 1959, ch. 324, sections 1, 2; L. 1961, ch. 264; L. 1961, ch. 393, sections 1, 2, 7; L. 1963, ch. 410; L. 1965, ch. 445; K.S.A. 58-601; K.S.A. 74-4601 et seq. (repealed 1967); K.S.A. 74-4612 (repealed 1970); 44 U.S.C. section 397(f) (1964), 69 Stat. 695, ch. 859 (1955) (repealed).

Download or read book Attorney General Opinion No 1995 007 written by Robert T. Stephan and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 80-2508(b) does not permit changing the method of selection of hospital district board members to reduce the terms of office from four years to three. Cited herein: K.S.A. 80-2508; L. 1994, ch. 397, section 2.