Attorney General Opinion No. 1985-047 PDF Download
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Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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Book Description
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.
Author: Curt Thomas Schneider
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.
Author: Robert T. Stephan
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Languages : en
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The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.
Author: Robert T. Stephan
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Languages : en
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
Author: Robert T. Stephan
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Languages : en
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A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain. Cited herein: U.S. Const., First Amendment.
