Attorney General Opinion No. 1979-028 PDF Download
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Author: Robert T. Stephan
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Languages : en
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There is no statutory expression of legislative intent that local boards of education are immune from zoning regulations promulgated by county zoning authorities. Such legislative intent must be inferred by application of the "balancing of interests" test stated in B̲r̲o̲w̲n̲ v̲.̲ K̲a̲n̲s̲a̲s̲ F̲o̲r̲e̲s̲t̲r̲y̲, F̲i̲s̲h̲ a̲n̲d̲ G̲a̲m̲e̲ C̲o̲m̲m̲i̲s̲s̲i̲o̲n̲ 2 Kan. App. 2d 102 1978), with such test to be applied initially by local zoning authorities. If this initial decision is arbitrary or unreasonable in balancing the respective interests of the local board of education and the county, such decision may be overturned on review by the district court.
Author: Robert T. Stephan
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Languages : en
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There is no statutory expression of legislative intent that local boards of education are immune from zoning regulations promulgated by county zoning authorities. Such legislative intent must be inferred by application of the "balancing of interests" test stated in B̲r̲o̲w̲n̲ v̲.̲ K̲a̲n̲s̲a̲s̲ F̲o̲r̲e̲s̲t̲r̲y̲, F̲i̲s̲h̲ a̲n̲d̲ G̲a̲m̲e̲ C̲o̲m̲m̲i̲s̲s̲i̲o̲n̲ 2 Kan. App. 2d 102 1978), with such test to be applied initially by local zoning authorities. If this initial decision is arbitrary or unreasonable in balancing the respective interests of the local board of education and the county, such decision may be overturned on review by the district court.
Author: Curt Thomas Schneider
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Languages : en
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The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.
Author: Robert T. Stephan
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Languages : en
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The Crime Victims Reparations Board is required to record proceedings in the event of a disputed claim, and such record of proceedings is available for inspection upon the request of any citizen. However, unless information retained by the Board regarding a claimant is included in such a record of proceedings, the Board is not required to make such information available for public inspection. Cited herein: K.S.A. 74-7307, K.S.A. 1980 Supp. 45-201.
Author: Robert T. Stephan
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Languages : en
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A personal property tax is imposed by K.S.A. 79-307b upon cattle which are held in feedlots. The statute permits the operator of the feedlot to collect the tax, which is calculated on a daily basis for each head of livestock present in the lot, and remit the same to the county along with the monthly report which is required by the same statute. Such taxes may not be released, discharged, remitted or commuted by the board of county commissioners or any other county officer. Accordingly, a resolution by a county commission which rebates part or all of the tax to the owner of the cattle either directly or indirectly through a collection fee to the feedlot operator is invalid. However, a collection fee which is not based on the amount of tax collected and which is reasonable in size is permissible. Cited herein: K.S.A. 79-307b; 79-1703.
Author: Robert T. Stephan
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Languages : en
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K.A.R. 28-29-62 is not beyond the statutory authority pursuant to which it is promulgated and is sufficient to allow the State Department of Health and Environment to compel compliance with its requirements.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1979 Supp. 65-3309, as amended by L. 1980, ch. 193, section 1, provides that where a county has a multi-jurisdictional planning commission functioning solely within the county, such commission is designated as the county wastewater management committee, with the duty of formulating a comprehensive plan for management of wastewater within such county. The statute also provides for the formation of an advisory committee which is to include among its members representatives from each city to be affected by the plan. Alternatively, the advisory committee itself can be designated as the wastewater management committee. In either event, input is afforded all affected cities, whether or not they also participate in the area planning commission. Cited herein: K.S.A. 1979 Supp. 65-3308, 65-3309 (as amended by L. 1980, ch. 193, section 1), K.A.R. 1980 Supp. 28-16-77, 28-16-80, 28-16-81, L. 1979, ch. 351.
Author: United States. Department of Justice. Office of Legal Counsel
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Category : Attorneys general's opinions
Languages : en
Pages : 494
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Author: Robert T. Stephan
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Languages : en
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If a public record is not closed or its use limited, a public agency may only require a written request, advance payment of prescribed fees and proof of the requestor's identity prior to granting access to or copies of such open public records. A public agency may adopt procedures designed to safeguard public records and minimize disruption of public business and may supply a form for requesting records as a means of facilitating the process. However, the agency may not require that a written request for an open public record be made in a certain form prior to granting access to or copies of such records. However, if the requested record's use is limited pursuant to K.S.A. 21-3914 or K.S.A. 1991 Supp. 45-221, a public agency may also require a notarized statement attesting to the matters set forth in K.S.A. 45-220(c)(1) or (2). Cited herein: K.S.A. 21-3914; 45-215; 45-217; 45-219; 45-220; K.S.A. 1991 Supp. 45-221; K.S.A. 53-101.
Author: Robert T. Stephan
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Languages : en
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The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.
