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Attorney General Opinion No 1994 078
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Book Synopsis Attorney General Opinion No. 1994-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-078 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Book Synopsis Attorney General Opinion No. 1995-078 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-078 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas tort claims act applies to the Kansas development finance authority because it is an authority pursuant to K.S.A. 1994 Supp. 75-6102(a). Any conclusion to the contrary in Attorney General Opinion No. 94-140 is hereby withdrawn. Cited herein: K.S.A. 68-2003; 68-2004; 74-8104; 74-8903, as amended by L. 1995, ch. 241, section 20; K.S.A. 1994 Supp. 74-8905, as amended by L. 1995, ch. 125, section 2; 74-8910; 75-6102, as amended by L. 1995, ch. 82, section 7; K.S.A. 75-6103; K.S.A. 1994 Supp. 75-6104, as amended by L. 1995, ch. 56, section 260; 77-201.
Book Synopsis Attorney General Opinion No. 1994-047 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-047 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Book Synopsis Attorney General Opinion No. 1996-078 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-078 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of a petition by the county or district attorney conducted prior to circulation of the petition should be directed toward the form, rather than the content, of the question the petitioners seek to bring to an election. The opinion of the county or district attorney required under K.S.A. 25-3601 should address whether the question petitioners seek to bring to an election is in the form of a question, appears as it should upon the ballot, and includes the language set forth in K.S.A. 25-620. A rebuttable presumption as to these aspects of the question will attach upon approval of the question by the county or district attorney. The entity to which the petition is directed retains the authority to determine whether the question set forth in the petition is misleading or ambiguous. Cited herein: K.S.A. 10-101; 10-120; K.S.A. 1995 Supp. 12-1927; K.S.A. 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sections 2, 3; L. 1976, ch. 190, section 1.
Book Synopsis Attorney General Opinion No. 1987-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-078 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.
Book Synopsis Attorney General Opinion No. 1994-033 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-033 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
Book Synopsis Attorney General Opinion No. 1993-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-078 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the "club house" and the miniature golf course in question are new construction, the total facility needs to be built pursuant to the new construction guidelines as set out in 28 CFR Part 36. Cited herein: K.S.A.1992 Supp. 58-1301(a); 58-1301(c); 58-1303; 42 U.S.C. 12181; 42 U.S.C. section 12183.
Book Synopsis Attorney General Opinion No. 1994-118 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-118 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.
Book Synopsis Attorney General Opinion No. 1994-076 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-076 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.
Book Synopsis Attorney General Opinion No. 1991-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-078 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4319(a)(1) and (2) require that the motion to go into an executive session contain a statement concerning the subject and the justification for the executive session. In our opinion the justification statement should be more than a reiteration of the subject. The KOMA does not require the justification statement to be so detailed that it negates the usefulness of an executive session. However, K.S.A. 75-4319(a)(2) requires a justification statement to be contained in the motion and it is our opinion that this statement should explain why an executive session is necessary or desirable. Such a motion gives the public assurances that the executive session is permissible and in the public interest, and may remind the members of the public body of the limitations upon and purpose served by the executive session discussion. Cited herein: K.S.A. 75-4319.
Book Synopsis Attorney General Opinion No. 1994-098 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-098 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.
Book Synopsis Attorney General Opinion No. 1994-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-117 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Book Synopsis Attorney General Opinion No. 1994-009 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-009 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Book Synopsis Attorney General Opinion No. 1994-095 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-095 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Book Synopsis Attorney General Opinion No. 1994-136 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-136 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.
Book Synopsis Attorney General Opinion No. 1994-056 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-056 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
Book Synopsis Attorney General Opinion No. 1994-101 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-101 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.
