Friday, March 28.1975
3
University Daily Kansan
State suit over welfare delayed
The state attorney general's suit against Douglas County concerning the county's use of welfare money has been stalled.
Wednesday, Douglas County District Court Judge Frank Gray gave the attorney general's office 15 days to amend its petition of complaints.
Gray said Thursday he sustained the county's most severe injury when it had not stated a claim.
The attorney general's office is seeking a permanent injunction against the county's expenditure of about $130,000 in surplus revenue funds the county had put into the fund after the state took over the welfare system at the beginning of last year.
John Martin, assistant attorney general.
has said the petition seeks to have the money returned to the county's welfare fund or be turned over to the state department of social and rehabilitative services.
The action is regarded as a test case of a 1974 Miller ruling that a state law allowing the transfer of county welfare funds to a general fund is unconstitutional.
Dan Young, counsel for the county, said the county alleged that the attorney general was referring to a law that was inapplicable to the facts of the situation. The law that the county under is constitutional, he said, and the county has followed it appropriately.
"The judge must have agreed with some of our reasonning." Young said. "He ordered the plaintiff to whiten his petition within 15 days or this whole thing is over."
The MADHATTER will be
progress of the suit, according to Fred
the League of Kansas Municipalities,
at the League of Kansas Municipalities.
Closed Easter Weekend, Friday,
March 28 and Saturday, March 29. SEE YOU NEXT WEEK.
Young said it had been indicated to him that the attorney general's office would amend the petition. Martin wasn't immediately available for comment.
Other Kansas counties have followed the lead of Douglas County in transferring land to state lands.
If the courts rule against the county there may be an effort to enact legislation enabling the transfer of funds to a county's general fund, he has said.
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