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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
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
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages : 3
Book Description
"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."
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________:'". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan. Const., Art. 2, section 20.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan