Attorney General Opinion No. 1981-029 PDF Download

Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 58-2614, a board of county commissioners must, upon vacating a subdivision plat, order that the land "be listed for taxation and for other purposes as though it had never been platted." Cited herein: K.S.A. 58-2613 and 58-2614.

Author: Robert T. Stephan
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Languages : en
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The formula for apportioning revenue from a countywide retailers' sales tax, as prescribed by K.S.A. 1981 Supp. 12-192, may not be altered through the exercise of home rule powers by a city or county. The question of imposing a countywide retailers' sales tax, and the question of imposing a city retailers' sales tax, may be included on the same ballot, provided the ballot meets the segregation requirements imposed by K.S.A. 1981 Supp. 10-120. A city may not provide for the "automatic repeal" of a city retailers' sales tax upon the adoption of a countywide retailers' sales tax, since such a provision would be in obvious conflict with subsection (e) of K.S.A. 1981 Supp. 12-187. Once an election is called to submit the proposition of imposing a city retailers' tax to the voters, and notice of such election is published pursuant to K.S.A. 1981 Supp. 10-120, the election must proceed pursuant to the provisions of K.S.A. 1981 Supp. 12-187(e), and a city may not withdraw the proposition and abort the election process. Cited herein: K.S.A. 1981 Supp. 10-120, 12-187, 12-188, 12-192, 12-194, 12-195, K.S.A. 19-101a, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.

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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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.

Author: Robert T. Stephan
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Languages : en
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.

Author: Robert T. Stephan
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Languages : en
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For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.

Author: Robert T. Stephan
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Languages : en
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A municipal ordinance which increases rates for electricity furnished by a municipal utility may not be applied retroactively, since such action violates federal and state constitutional prohibitions against laws impairing the obligation of contract. Cited herein: K.S.A. 12-3007.

Author: Robert T. Stephan
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Languages : en
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The waiver by the city council of construction-related fees due a city from a church constitutes a gift of public funds for a private purpose and is, therefore, improper.

Author: Robert T. Stephan
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Languages : en
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A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.