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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While a city possesses the power to adopt zoning regulations affecting land located outside the city, such grant of power does not extend to the enforcement of building codes in the same area. As the ordinances of a city may not, in the absence of a specific grant of authority, be enforced in an extraterritorial manner, such an extension is not permissible here, where no such statute exists. Additionally, pursuant to K.S.A. 12-702, a city planning commission must have 2 members who reside outside but within 3 miles of the city, with the rest being city residents. This statutory requirement exists independently of any limits imposed by the city on the scope of the commission's authority. Cited herein: K.S.A. 12-702, 12-715b.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While a city possesses the power to adopt zoning regulations affecting land located outside the city, such grant of power does not extend to the enforcement of building codes in the same area. As the ordinances of a city may not, in the absence of a specific grant of authority, be enforced in an extraterritorial manner, such an extension is not permissible here, where no such statute exists. Additionally, pursuant to K.S.A. 12-702, a city planning commission must have 2 members who reside outside but within 3 miles of the city, with the rest being city residents. This statutory requirement exists independently of any limits imposed by the city on the scope of the commission's authority. Cited herein: K.S.A. 12-702, 12-715b.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The purported conveyance of the Conway School Building by Unified School District No. 418 to Jackson Township in McPherson County is invalid. If the consideration recited for the conveyance was sufficient to constitute the conveyance as a purchase of such school building by the township, the transaction is invalid because it did not receive the approval of the township's electors, as required by K.S.A. 1980 Supp. 80-104. If the conveyance was a gift, the transaction was invalid a̲b̲ i̲n̲i̲t̲i̲o̲, because a school board has no authority to make a gift of school district property. Cited herein: K.S.A. 72-8212, K.S.A. 1980 Supp. 80-104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
In cities of the third class with a mayor-council form of government, the proper authority to accept the resignation of the city clerk, in the absence of a charter ordinance providing otherwise, is the city governing body. Additionally, the city governing body should, pursuant to K.S.A. 15-209, fill any vacancy in the office of city clerk until the next regular time for appointment. Cited herein: K.S.A. 12-104, 15-209.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A board of county commissioners has statutory duty to view or cause to be viewed a previously vacated road upon presentation of a proper petition to re-open said road. However, a district court may refuse to issue an order in mandamus for the performance of such duty if its performance would constitute a useless or futile act or an act of no public benefit. Cited herein: K.S.A. 68-104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Under various programs established by credit unions for their respective members, whereby certain written instruments, payable either on or through a bank, are used by such members for the withdrawal of money from their credit union accounts, the making, drawing, issuing or delivering of any such instrument is embraced by K.S.A. 21-3707, the worthless check statute, in the event there are insufficient funds on deposit to cover such instrument. Cited herein: K.S.A. 21-3707, 84-3-102, 84-3-104, 84-3-120, R.S. 21-554.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The sale of investment certificates by investment companies is restricted by K.S.A. 16-601 e̲t̲ s̲e̲q̲. Two such restrictions apear at K.S.A. 16-601 (8) and (9) (as amended by L. 1981, ch. 90, section 1). The former proscribes loans from investment companies in excess of a specified percentage of the unimpaired capital of the company, except where the loan is to a majority-owned affiliate or subsidiary Kansas corporation of the company or of its parent corporation. An affiliate of the company's parent which was not a Kansas corporation would accordingly not be a proper recipient of such a loan. Furthermore, such a transaction would not come under the exception for the purchase of commercial paper contained in K.S.A. 16-601(8), nor is it an investment which is "inherent" to the business of the investment company as required by K.S.A. 16-601(9). Cited herein: K.S.A. 16-601(8), 16-601(9) (both as amended by L. 1981, ch. 90, section 1), K.S.A. 16-613, 16-620, K.S.A. 1980 Supp. 16a-2-302 (as amended by L. 1981, ch. 95, section 1), K.S.A. 84a-3-104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan