· 11/5/2012
Shelbyville MHPI, LLC v. Thurston
Citations
- 978 N.E.2d 527
- 2012 WL 5391217
- 2012 Ind. Tax LEXIS 23
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- striking down statute allowing committee of union and business representatives to select Workers' Compensation Board members
- striking down statute allowing committee of union and business representatives to select Workers’ Compensation Board members
- “Since we have held the above provisions of K.S.A. 44-555b to be unconstitutional, we must determine what effect our holding has on the remaining provisions of the statute and the Act.”
- if legislature had not passed the invalid amendment, it would not have independently repealed the former law; thus, former statutes are “still in full force and effect as they existed prior to the attempted 1993 amendments”
- provision requiring selection of Workers Compensation Board members by committee consisting of representatives chosen by labor union and business association was unconstitutional delegation of legislative power to private organizations notwithstanding government oversight
Source: CourtListener parenthetical corpus (CC0).
Judges: Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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