Attorney General Opinion No. 1994-124 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A proposed ordinance which would preclude the governing body from using certain property for any use except use as a burial ground is administrative in nature and, therefore, cannot be the subject of initiative. Furthermore, if the land has been set aside for use as a cemetery or burial ground but has not yet been used for the interment of human bodies, K.S.A. 12-1441 cannot be applied to prevent the governing body from using the property for a use other than as a burial ground or a cemetery. We express no opinion as to whether the bond issue or other legal provisions may preclude use of the property for other than cemetery purpose. Cited herein: K.S.A. 12-1441; 12-3013; 14-1007a; 14-1007b.
Author: Robert T. Stephan
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Languages : en
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A proposed ordinance which would preclude the governing body from using certain property for any use except use as a burial ground is administrative in nature and, therefore, cannot be the subject of initiative. Furthermore, if the land has been set aside for use as a cemetery or burial ground but has not yet been used for the interment of human bodies, K.S.A. 12-1441 cannot be applied to prevent the governing body from using the property for a use other than as a burial ground or a cemetery. We express no opinion as to whether the bond issue or other legal provisions may preclude use of the property for other than cemetery purpose. Cited herein: K.S.A. 12-1441; 12-3013; 14-1007a; 14-1007b.
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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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.
Author: Robert T. Stephan
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Languages : en
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1994 house bill no. 2698 violates the fourteenth amendment to the United States constitution because it does not provide due process protection for a person who may have an interest in an inactive bank deposits and a right to receive further lease payments -- both of which may escheat to the city under this proposed legislation. However, these constitutional infirmities may be cured by the inclusion of provisions which provide for a presumption of abandonment after a period of years and a judicial determination of escheat with the concomitant provisions of notice and an opportunity to object. Cited herein: K.S.A. 1993 Supp. 58-3902; 59-514; 59-901; 59-903.
Author: Robert T. Stephan
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Languages : en
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A juvenile may waive the right to counsel provided that it is a knowing and intelligent waiver based upon the totality of circumstances. Cited herein: K.S.A. 38-1606; 38-1633.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
Author: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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