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· 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  • if legislature had not passed the invalid amendment, it would not have independently repealed the former law; thus, former statutes are “still in full force and effect as they existed prior to the attempted 1993 amendments”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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.