Attorney General Opinion No. 1989-102 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Forfeiture procedures pursuant to K.S.A. 1988 Supp. 65-4171 e̲t̲ s̲e̲q̲. are in the nature of a civil action and, therefore, if a county hires a county counselor, the county attorney no longer has the sole duty to represent the county in such an action. Cited herein: K.S.A. 19-247; 19-702; 19-703; 19-726; 22-2101; 22-2525; 60-101; K.S.A. 1988 Supp. 65-4135; 65-4136; 65-4171.
Author: Robert T. Stephan
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Category :
Languages : en
Pages :
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Book Description
Forfeiture procedures pursuant to K.S.A. 1988 Supp. 65-4171 e̲t̲ s̲e̲q̲. are in the nature of a civil action and, therefore, if a county hires a county counselor, the county attorney no longer has the sole duty to represent the county in such an action. Cited herein: K.S.A. 19-247; 19-702; 19-703; 19-726; 22-2101; 22-2525; 60-101; K.S.A. 1988 Supp. 65-4135; 65-4136; 65-4171.
Author: Robert T. Stephan
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Languages : en
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Where a special use permit is not required for single family dwellings of similar size, a city ordinance which requires the issuance of a special use permit as a condition precedent to locating a "group home" (as that term is defined in K.S.A. 1988 Supp. 12-736, as amended by L. 1989, ch. 58, section 1) in a residential district violates subsection (f)(1) of 42 U.S.C. section 3604, as amended by the Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619. Accordingly, such an ordinance, and the provisions of K.S.A. 1988 Supp. 12-736(e), as amended by L. 1989, ch. 58, section 1, which authorize such municipal legislation, are invalid under 42 U.S.C. section 3615. Cited herein: K.S.A. 1988 Supp. 12-736, as amended by L. 1989, ch. 58, section 1; 42 U.S.C. sections 3604, 3615; P.L. 100-430, 102 Stat. 1619.
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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While a county hospital board has many powers relating to the supervision, care and custody of hospital property, it does not have the power to sell hospital property. This power is vested in the county which retains title to all hospital real property. The board of county commissioners may sell real property, essentially on behalf of the hospital, and may allow the hospital to retain the proceeds of such a sale. Cited herein: K.S.A. 19-101; K.S.A. 1989 Supp. 19-211; K.S.A. 19-212; 19-4601; 19-4610; 19-4624.
Author: Robert T. Stephan
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Languages : en
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A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.
Author: Robert T. Stephan
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Languages : en
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Malt beverages containing any measurable amount of alcohol, but not more than 3.2 percent, are cereal malt beverages and may not be sold on Sunday except as provided in K.S.A. 1989 Supp. 41-2704(b) and (g). Cited herein: K.S.A. 1989 Supp. 41-102; 41-2701; 41-2704.
Author: Robert T. Stephan
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Languages : en
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Persons seeking registration as a professional counselor under the provisions of K.S.A. 1988 Supp. 65-5811(a) and (b) are not required to have acquired the practice experience subsequent in time to obtaining the graduate degree. Cited herein: K.S.A. 1988 Supp. 65-5801; K.S.A. 1988 Supp. 65-5804, as amended by L. 1989, ch. 276, section 1; K.S.A. 1988 Supp. 65-5811; K.A.R. 102-3-6.
Author: Robert T. Stephan
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Languages : en
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Languages : en
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Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.
