United States Supreme Court rules in favor of the State of Kansas on motor fuel tax
In Wagnon v. Prairie Band Potawatomi Nation 126 S.Ct. 676, (2005) the U.S. Supreme Court overturned the Court of Appeals for the Tenth Circuit and ruled that the “Kansas’ motor fuel tax applies to the receipt of fuel by off-reservation non-Indian distributors who subsequently deliver it to the gas station owned by, and located on the Reservation of, the Prairie Band Potawatomi Nation.”
The United States Supreme Court rules for local governments in eminent domain actions
In Kelo v. City of New London, the U.S. Supreme Court ruled 5-4 that state and local governments could use eminent domain authority to take private property against the owners' will for use in private development. The issue was whether, "the city's proposed disposition of this property qualifies as a public use within the meaning of the Takings Clause of the Fifth Amendment to the Constitution." The court held that the city's taking of the property did qualify as a public use within the meaning of the Takings Clause. [ http://straylight.law.cornell.edu/supct/html/04-108.ZS.html ]
Kansas Supreme Court Rules On Veteran's Preference Statute
In the case of State ex rel. Slusher v. City of Leavenworth, the Supreme Court interpreted that the Kansas Veteran’s Preference statute, K.S.A. 73-201, applies not only to a municipalities initial hiring of an employee but also to internal promotions This case was brought by two City of Leavenworth police officers who petitioned “for writ of mandamus in the district court alleging that each was denied promotion by LPD in violation of K.S.A. 73-201, a veterans' preference statute, and seeking an order compelling LPD to promote them to the positions they applied for.” The court transferred the case from the Court of Appeals pursuant to K.S.A. 20-3018(c) and in addition to interpreting Veteran’s Preference statute determined that mandamus was the appropriate remedy. The court reversed the trial court’s decision and remanded the case for proceedings consistent with their position. [ http://www.kscourts.org/kscases/supct/2005/20050603/91641.htm ]
Governor signs bill to allow the retail sale of alcoholic liquor and cereal malt beverages on Sunday
Senate Bill 298 was signed by the Governor to make the Liquor Control Act uniformly applicable to all cities and counties in the state. The bill would enable the governing body of a city to adopt an ordinance allowing the sale at retail of alcoholic liquor and cereal malt beverage in the original package on Sunday. The bill was a response to State ex rel. Kline v. Unified Bd. of Commissioners of the Unified Government Wyandotte County/Kansas City, Kansas, 277 Kan. 516, 85 P.3d 1237 which determined that the Liquor Control Act was not uniform and that cities may charter out from under the act to allow Sunday sales of retail liquor. The statute and the supplemental note are linked for your review. [ http://www.kslegislature.org/bills/2006/298.pdf ] [ http://www.kslegislature.org/supplemental/2006/SN0298.pdf ]
Spring City Attorneys Association of Kansas meeting scheduled for Friday, June 3rd
The Spring City Attorneys Association of Kansas meeting is scheduled for Friday, June 3rd, 2005. This years meeting will be held at the Courtyard by Marriott in Junction City, Kansas.
Kansas Court of Appeals rules on speedy trial issue for municipal courts.
In City of Shawnee v. Patch, No. 91,765, the Court of Appeals ruled that the, "time limit for prosecution in municipal court described in K.S.A. 12-4501 is more stringent than the time limit for trial in the district court described in K.S.A. 22-3402" and reversed Daniel Patch's convictions. The case is interesting because of the multiple continuances by both the City and the defendant before the trial was held and that the defendant had waived his right to speedy trial. However, the Court of Appeals ruled that the defendant only conditionally waived his right to speedy trial and specifically stated that, "Patch had the right to later withdraw, and did withdraw, his conditional waiver, thereby obligating the City to exercise due diligence in its prosecution of him." The court also uses the case to reaffirm that in an appeal from municipal court to district court the district court "stands in the shoes" of the municipal court and has de novo trial authority. [ http://www.kscourts.org/kscases/ctapp/2005/20050211/91765.htm ]
Staff Attorney - Public Safety Department's Legal Advisor
Legal Serves Department of Lawrence, Kansas $50,008 Annually Responsibilities: Provides legal advice and support primarily for City public safety departments: Police Department and Fire/Medical Department. Including assistance in constitutional law (search/seizure), criminal law and procedure, municipal law, open records law, and employment law. Drafts City ordinances, resolutions, administrative policies and other legal documents as appropriate. Negotiates and prepares contracts. Provides legal advice and legal support for other City offices and departments as appropriate. Conducts legal and policy research. Appears in court on behalf of the City.
Kansas Court of Appeals rules on reasonableness of City of Wichita traffic stop
In an originally unpublished opinion, the Kansas Court of Appeals overturned a conviction for illegal possession of pseudoephedrine. The court ruled that the Wichita City Code did not support the traffic stop of the vehicle in which the defendant was riding. Wichita's code did not regulate various movements on the public streets including entering a public street from a private drive. Apparently, the defendant’s vehicle was stopped for exiting a private drive onto a public street without signaling. The ordinance violation used as a basis for the stop specifically applies to turning into a driveway from a roadway. As the court stated, “[a]bsent a traffic infraction, there was no reasonable suspicion to stop the vehicle” and the court ruled that the additional facts of the case “did not constitute a reasonable suspicion to justify a stop.” See State v. Patricia Knight, No. 90,904 [http://www.kscourts.org/kscases/ctapp/2004/20040917/90904.htm]
Kansas Supreme Court rules on Statute of Limitations for Strip Searches
Emerging Issues for Government Attorneys
The Kansas Bar Association will be conducting a seminar sponsored by the Government Lawyers Section on Friday, January 21, 2005, at the Capitol Plaza Hotel in Topeka.
Kansas Supreme Court rules on school finance
Kansas death penalty ruled unconstitutional
In State of Kansas v. Michael Lee Marsh II, No. 81,135 the Kansas Supreme Court ruled that K.S.A. 21-4624(e) was unconstitutional by not "comporting" with the Eighth and Fourteenth Amendments and that the statute could not be saved by judicial construction. The Court also stated that the legislature should, "resolve the issue of whether the statute should be rewritten to pass constitutional muster."
New "What's New" Editor
John Miller, Assistant City Attorney for Olathe, Kansas has volunteered to assume responsibility for updating the "What's New" section of this website. He hopes to update the site bimonthly beginning January 1, 2005.
IMLA Mid-Year Meeting
The annual IMLA mid-year meeting is scheduled for April 10-12, 2005 in Washington, D.C. Information regarding the meeting and registration materials can be obtained at www.imla.org
Kansas Supreme Court bars municipality from selling paving materials to private entities
On June 25, 2004, the Kansas Supreme Court held that the City of Fort Scott was barred by K.S.A. 12-16,121 from selling asphalt paving materials to private persons or entities because of a lack of evidence supporting the City Commission's finding that such materials were not readily available from a nongovernmental entity.
Amendment to Tort Claim Statute Takes Effect July 1
Effective July 1, 2004, persons who file a tort claim with a city pursuant to K.S.A. 12-105b will now have "no less than 90 days" to commence an action after the tort claim is denied by the city.
U.S. Supreme Court Upholds City's Adult Business Licensing Ordinance
On June 7, 2004, the United States Supreme Court upheld the City of Littleton, Colorado's licensing procedure for adult businesses.