Attorney General Opinion No. 1989-099 PDF Download

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: 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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Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.

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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An option contract is a continuing offer which, when supported by consideration, may not be revoked by the offeror. An option to purchase an interest in a bank is not a direct or indirect ownership of that bank. However, such an option does constitute control over the subject matter of the agreement, and the arrangement would violate Kansas law which prohibits a bank holding company from directly or indirectly acquiring ownership or control of more than 5% of the shares of a bank which has not been in existence for five or more years. Cited herein: K.S.A. 1987 Supp. 9-521(a).

Author: Robert T. Stephan
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Languages : en
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Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.

Author: Robert T. Stephan
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Languages : en
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T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Author: Robert T. Stephan
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Languages : en
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A regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.

Author: Curt Thomas Schneider
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Languages : en
Pages : 3

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"Section 1 of House Bill 3056, which prohibits arbitrary exclusion of "manufactured housing," undefined by the bill, by county planning and zoning authorities, effects no apparent change in existing law, under which any arbitrary, capricious or unreasonable exercise of zoning power is prohibited."