Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided February 23, 2010Published

1Opinion of the Court

The Honorable Jean Kurtis Schodorf State Senator, 25th District State Capitol, Room 241-E Topeka, Kansas 66612

Dear Senator Schodorf:

You inquire whether the governing board of a technical college has the implied authority to enter into contracts to borrow money. A governing board does not have such authority.

Technical colleges, like community colleges and school districts, are creatures of statute.1 As such, its governing body has only that power and authority conferred by the legislature either expressly or by clear implication in order to effectuate express powers.2 Any reasonable doubt as…

2Cases cited4 opinions

  1. Pork Motel, Corp. v. Kansas Department of Health & EnvironmentSupreme Court of Kansas · 1983
  2. Hobart v. Board of Education of Unified School District 309Supreme Court of Kansas · 1981
  3. Wiggins v. Housing Authority of Kansas CityCourt of Appeals of Kansas · 1996
  4. LeSueur v. LeSueurSupreme Court of Kansas · 1966

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