Halford v. City of Topeka

6 Citing cases

  1. Peck v. University Residence Comm. of Kansas State

    248 Kan. 450 (Kan. 1991)   Cited 25 times
    Reviewing administrative decision under Kansas Judicial Review Act

    Rules and regulations of an administrative agency, to be valid, must be within the statutory authority conferred upon the agency. If they go beyond such statutory authority or are otherwise inconsistent with the law, the rules and regulations are void. Halford v. City of Topeka, 234 Kan. 934, 939-40, 677 P.2d 975 (1984). Administrative regulations are presumed valid, and one who attacks them has the burden of showing their invalidity.

  2. Holly Care Center v. State

    110 Idaho 76 (Idaho 1986)   Cited 6 times
    In Holly Care Center v. State Department of Employment, 110 Idaho 76, 714 P.2d 45 (1986), this Court held that rules of the Department of Employment were invalid because they contravened statutory law.

    Nevertheless, it is also the law that administrative rules are invalid which do not carry into effect the legislature's intent as revealed by existing statutory law, and which are not reasonably related to the purposes of the enabling legislation. Halford v. City of Topeka, 234 Kan. 934, 677 P.2d 975, 980-81 (1984); Ferguson v. Arizona Department of Economic Security, 122 Ariz. 290, 594 P.2d 544, 546 (1979); Kelly v. Zamarello, 486 P.2d 906, 911 (Alaska 1971). In Howard v. Missman, 81 Idaho 82, 88, 337 P.2d 592, 595 (1959), this Court stated that traffic rules and regulations, "lawfully adopted and placed by administrative authority, and which are not merely arbitrary or capricious, have the force and effect of law. . . ."

  3. Denning v. Johnson County

    46 Kan. App. 2d 688 (Kan. Ct. App. 2011)   Cited 9 times

    In this system, as established by statute, the civil-service board exercises quasi-judicial functions. Ratley v. Sheriff's Civil Service Board, 7 Kan.App.2d 638, Syl. ¶ 5, 646 P.2d 1133 (1982); see also Umbehr v. Board of Wabaunsee County Comm'rs, 252 Kan. 30, 33, 843 P.2d 176 (1992) (action taken by agency or board that determines legal issues as they stand on present facts and existing law is either judicial or quasi-judicial in nature); Halford v. City of Topeka, 234 Kan. 934, 936, 677 P.2d 975 (1984) (finding jurisdiction to hear police officer's appeal of civil-service board ruling under provision allowing appeal from quasi-judicial decisions); Adams v. Marshall, 212 Kan. 595, 599, 512 P.2d 365 (1973) (city's civil-service commission reviewing police-officer disciplinary actions acts in quasi-judicial capacity); Thompson v. Amis, 208 Kan. 658, 663, 493 P.2d 1259, cert. denied 409 U.S. 847, 93 S.Ct. 53, 34 L.Ed.2d 88 (1972) (state civil-service board acts in quasi-judicial capacity). That means that the civil-service board is the entity designated by statute in these cases to investigate the facts, weigh the evidence, draw conclusions, and exercise any discretion that's of a judicial nature.

  4. Namur v. Habitat Co.

    294 Ill. App. 3d 1007 (Ill. App. Ct. 1998)   Cited 19 times
    Finding that the plaintiffs' claim for commingling the security deposit accrued when it was deposited and their claim for failing to attach a summary of the RLTO accrued when the lease was offered to the plaintiffs

    We reject the reasoning of Toft because an ordinance is a legislative act and is the equivalent of a municipal statute. Halford v. Topeka, 234 Kan. 934, 939, 677 P.2d 975, 980 (1984), citing the definition of "ordinance" in Black's Law Dictionary 989 (5th ed. 1979); see also American Country Insurance Co. v. Wilcoxon, 127 Ill.2d 230, 243, 537 N.E.2d 284 (1989) (the court referred to an ordinance as a "municipal statute"). In addition, Toft is contrary to Enright's holding that actions for penalties for the violation of an ordinance are covered by the statute of limitations for statutory penalties.

  5. Mallon v. City of Emporia

    11 Kan. App. 2 (Kan. Ct. App. 1986)   Cited 3 times

    K.S.A. 12-6a07 is superior to any improvement policy the City may adopt. See Halford v. City of Topeka, 234 Kan. 934, 677 P.2d 975 (1984). The landowners have not demonstrated that the cost allocation is disproportionate to the benefit conferred by the improvement.

  6. Attorney General Opinion No

    99-6 (Ops.Kan.Atty.Gen. Feb. 10, 1999)

    Pork Motel, supra. Halford v. City of Topeka, 234 Kan. 934, 940 (1984). In Kansas Human Rights Commission v. Topeka Golf Association , the Kansas Court of Appeals concluded that a regulation seeking to restrict the statutory exemption of a "social association" exceeded the authority of the Kansas Human Rights Commission (KHRC).