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Must industrial facilities submit plans to the AHJ before commencing work? The correct answer is no, but you must permit the AHJ to review the plans [Annex H, 80.21(A)]. So if you want to be legalistic, you comply with the NEC if you don't ban the AHJ from seeing your drawings. Technically correct is one thing, actually right is sometimes another.
In some cases, it's better to seek forgiveness than to ask permission. Electrical installations are never among those cases. For these installations, it's better to get design issues addressed before construction than to encounter the costs and delays of rework.
So, let's say the AHJ approves the plans. You do the work in compliance with the plans. Then the electrical inspector identifies a code violation that requires significant rework. But you stand on your AHJ-approved drawings as proof that you have an exception to the code requirement the AHJ is relying on. Who's right?
The inspector is right. It's up to you, not the AHJ, to ensure your drawings are correct [Annex H, 80.21(B)]. Furthermore, review and approval by the AHJ does not relieve you from the responsibility of complying with the NEC [Annex H, 80.21(C)].

subset: commoncrawl


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Weekend Box Office Report: 'Neighbors' Moves in, Evicts 'Spider-Man 2′
It turns out that 'The Amazing Spider-Man 2' didn't need the Sinister Six to bring it down.
All that was required was Seth Rogen, Zac Efron and a very funny marketing campaign. 'Neighbors' not only opened at No. 1 at the box office, but it derailed its super-powered competition so dramatically that it may be difficult for it to fully recover.
|To Date
|$51.1 million
|$51.1 million
|The Amazing Spider-Man 2
|$37.2 million
|$147.9 million
|The Other Woman
|$9.3 million
|$61.7 million
|Heaven Is for Real
|$7.0 million
|$75.2 million
|Captain America: The Winter Soldier
|$5.6 million
|$245 million
|Rio 2
|$5.1 million
|$113.2 million
|Moms' Night Out
|$4.2 million
|$4.2 million
|Legends of Oz: Dorothy's Return
|$3.7 million
|$3.7 million
|$1.7 million
|$145.0 million
|Brick Mansions
|$1.5 million
|$18.3 million
'Neighbors' opened at $51 million, which is just plain fantastic for an R-rated comedy. To put that in perspective, that's $7 million higher than the opening weekend for 'The Hangover' and just a few million shy of 'Ted,' both of which went on to shatter records and break $200 million. If 'Neighbors' has legs, it could be one of the biggest hits of the summer, especially since it should continue to play well against all of the big, explosive blockbusters that populate the next two months.
But poor Spider-Man. 'The Amazing Spider-Man 2′ took a big drop and it's now not showing particularly strong legs. With $37 million for the weekend and a current gross of $147 million, it's already looking unlikely to match its predecessor's $262 million total. Heck, at this rate, getting to $200 million may be tough. It may end up doing comparable business to 'Captain America: The Winter Soldier' (which is still on track to hit $250 million soon), but it cost significantly more to make. This is a rough weekend for Sony.
In third place, 'The Other Woman' made $9 million for a $61 million total, solidifying its status as a minor hit. It's actually pretty impressive that it held up as well as it did in the 'Neighbors' onslaught and it's nice to see a female-led comedy do so well. It should tap out around $80 million and that's nothing to sneeze at. Less successful was 'Moms' Night Out,' which opened in seventh place with $4 million. Well, they can't all be winners.
Even more impressive is 'Heaven Is for Real,' which made $7 million for a $75 million total. At this rate, it has a real shot at breaking $100 million, which would make it the biggest Christian movie in a long time and one of the year's biggest surprise successes. We'd put good money on it making it there.
In sixth place, 'Rio 2' took advantage of the lack of new kiddie fare to stay in the game, grossing $5 million for a $113 million gross. Its only real competition was the brand new 'Legends of Oz: Dorothy's Return,' but everyone with two eyes saw that was a stinker and stayed away (leading to it debuting in eighth place with only $3 million).
In the final two slots, 'Divergent' is still reaching for $150 million (it's going to be close, but it'll get there) and 'Brick Mansions' continued to bomb. But they're just hanging out and taking up space — they'll be long gone when 'Godzilla' arrives next week.


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Angela is responsible for the overall planning, implementation, management and control of the corporation's financial activities. She has more than 18 years of progressively responsible experience in accounting and finance.
Angela started at Chugach in 1998 as a senior accountant to coordinate the external audit, research and resolve issues related to Generally Accepted Accounting Principles (GAAP), oversee the financial system and manage the general ledger, accounts payable, tax and payroll related functions. Promoted to assistant controller, controller, vice president of finance and executive vice president of finance over a 15-year period, she has overseen the growth of a financial system and staff from managing $14 million in assets to a corporation operating in multiple states with more than $360 million in assets, while still maintaining a high level of staff morale and financial integrity.
As a key member of the executive management team, Angela holds a strategic role in the overall development and execution of the corporation's strategic direction. She acts an advisor to the subsidiary presidents, group vice presidents executive team members and Board of Directors. In addition, she serves as a trustee of the 401k, trustee of the Shareholder Trust and a member of the Management Investment Committee.
Prior to joining Chugach, Angela worked at Deloitte and Touche as a senior auditor serving a variety of clients including Alaska Native corporations, banking institutions, school districts and a variety of for-profit organizations.
Angela has served as a volunteer for Big Brothers and Sisters and has been the finance representative for her church board of directors and a volunteer instructor for Junior Achievement.
Angela holds a bachelor's degree in accounting and finance and a master's degree in accountancy from the University of Montana. She has been a certified public accountant in Alaska since 1997 and is a current member of the American Institute of Certified Public Accountants (AICPA), Financial Executives International and the Alaska Society of CPAs. In 2012, Angela obtained the AICPA's new Chartered Global Management Accountant designation.


text:
Ari Presto (Kapiti Thai Boxing) vs Andre Marin (MTI Wellington)
Event: Capital Punishment 38
Where: Te Rauparaha Arena
When: 20 May 2017
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Video of this fight will be up online soon on MTI Wellington's Youtube channel.


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Danger! Cocktail Geekery Ahead!
Received an email with the following question:
"I was reading the SAVOY Book while looking for a recipe, and found that Harry C. was not much intrigued for the use of Bitters, there aren't many recipes with them in the cocktails. What you think about it?"
As this is a pretty common question, I thought I'd post my answer.
One of the things that has interested me is figuring out which cocktails were actual Savoy/Craddock cocktails and which were included from other books.
One person I know has described "The Savoy Cocktail Book" as the first example of cocktail recipe "shovelware". That is to say, The Savoy Cocktail Book collected the recipes from a number of pre-prohibition cocktail books and included them verbatim without crediting the authors.
That we know of so far the big sources for recipes for the Savoy Cocktail Book were:
Drinks, by Hugo Ensslin
ABC of Cocktails, by Harry McElhone
Cocktails: How to Mix Them, by Robert Vermeire
Here's How, by Judge Jr.
He also nominally cribbed from Jerry Thomas and/or Harry Johnson.
To be honest, I imagine Harry Craddock's involvement with the "Savoy Cocktail Book" as showing up at the editor's office with a big stack of books and recipes. I really think that is about it. Unless he enjoyed referring to himself in the third person and quoting himself, he didn't write the introduction or the conclusion. One of the wine sections was by Colette. I've no idea who wrote the other parts or comments to various recipes. It's a bit of a mystery, but I suspect it wasn't Craddock.
The first thing we discover from comparing the source material with the Savoy Cocktail Book is that Craddock, or his editors, were not a particularly careful transcribers of others' recipes or methods. Whether this is due to the fact that some recipes were transferred verbally or they just did a bad job of transcribing and proof reading the book, I do not know. It is certainly not beyond the pale that bitters were just left out of a number of recipes.
Another odd thing about the Savoy Cocktail Book is that it calls just about every drink a "Cocktail" whether it includes bitters or not.
In most pre-prohibition cocktail books, no one would have called a drink which didn't include bitters a "Cocktail". In fact, many drinks which did include bitters weren't even cocktails. Crustas, for example.
By the time of the Savoy Cocktail Book, it seems like the word "Cocktail" had become more or less synonymous with almost any alcoholic drink that wasn't wine or beer. Basically anything alcoholic that was shaken with ice and served was a cocktail, according to the "Savoy Cocktai Book".
Anyway, of the drinks that we know or suspect are Craddock's, you're right, few include bitters. Leap Year, Corpse Reviver No. 2, Kick in the Pants…
One thing to remember, though, is that many of the aperitifs, Kina Lillet for example, may have been more bitter at that time than their current incarnations. Others commonly used, like Hercules and Caperitif, may also have been somewhat bitter.
So to make a proper version of a Savoy cocktail with Kina Lillet, if you're using modern Lillet Blanc, it isn't an awful idea to include a dash of orange bitters, a dash of angostura bitters, and a dash of simple syrup in the cocktail.
Hope this helps!


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Views: 629
I'm not any good at philosophy. When I try to read something in the philosophical vein, I wonder why the writer doesn't just say she likes or does not like, wants or does not want, needs or does not need something. I am not bragging, I seriously would like to be able to understand what philosophers mean.
In regard to climate change, I think we need to have discussions including political, economic and scientific input. What is happening? Why? Are we contributing to its cause? What can we do to stop it or slow it down? What changes can we expect in our food production? How many people can our soils, water and air support? How can we bring population into a sustainable level? Why are we still using fossil fuels? When are we going to dedicate our efforts toward renewable, sustainable fuel sources?
Steph, that is what the "red ball" says about Humanists, (one of my least favourite internet sources) but it's not what Humanists say about Humanism. Humanists claim that the the majority of morals in today's society (most notably minus being pro-LGBT) are actually "absolute morals" which exist for all human societies, now, and then. This is a conversation which happens frequently on this forum and at Think Atheist. Mostly Humanists declare that instead of ALL value being determined by gods, that ALL value is determined by humans. I think that is ironic, since it's saying the exact same thing... since gods were made in the image of humans...
The solution... we need to recognise that we should be only a little cog in an entire ecosystem, and we should refrain from trying to dominate every single aspect of it. It's humans' obsession with dominating (come biblically) EVERYTHING that has brought us to this point. Reducing emissions by a couple of points will accomplish nothing. We need massive societal change. So let's not deal with the symptoms... but with the cause.
Even at that, the majority scientific opinion is that even by stopping all anthropogenic CO2 and methane, that WE have so overloaded the system (acidification of oceans), that it would take a few hundred years for those rates to start dropping again. For me, the assassination of ALL other large animals on earth through human expansionism is just as much of a crime as what we're doing to our atmosphere. It's why I'm not interested in a solution to a single environmental problem, to me we have to address.
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The fundamental purpose of National College is to educate men and women for the duties and responsibilities of business life and to help place them in positions which hold ample opportunities for career advancement. Career opportunities in business and technology continue to expand for well-trained individuals. The curricula at National College trains each student to take advantage of these opportunities, concentrating on essential professional skills that will lead toward employment in a specific career field. Programs are planned to offer the most efficient methods in business organization and management, so the graduates can meet the expectations of modern business environments. Read more…
- Address: Woodman Center Dr 1837, Kettering
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The increasing demand for data services on mobile phones puts continuous pressure on base station designs for more bandwidth and lower cost. Many factors influence the overall cost to install and operate additional base stations to serve the increased demand. Smaller, lower power electronics within a macrocell base station help to lower the initial costs as well as the ongoing cost of real estate rental and electrical power consumption for the tower. New architectures such as remote radio heads (RRH) promise to decrease costs even further. Tiny picocell and femtocell base stations extend the services to areas not covered by the larger macrocells. To realize these gains, base station designers need new components with very high levels of integration and yet they cannot compromise performance.
Integration in the RF portion of the radio is especially challenging because of the performance requirement. Over a decade ago, the typical base station architecture required several stages of low noise amplification, down-conversion to an intermediate frequency (IF), filtering and further amplification. Higher performance mixers, amplifiers and higher dynamic range analog-to-digital converters (ADCs) with higher sampling rates have enabled designers to eliminate down-conversion stages to a single IF stage today. However, component integration remains somewhat limited. Mixers are available with buffered IF outputs, integrated balun transformers, LO switches and dividers. A device with a mixer and a PLL for the LO represents a recent advance of integration. Dual mixers and dual amplifiers are available. As yet, no device is available that integrates any portion of the RF chain with the ADC on the same silicon. This is primarily because each component requires unique semiconductor processes. The performance trade-off associated with choosing a common process has been unacceptable for the application.
In parallel, the handset radio has evolved to highly integrated baseband and transceiver ICs and integrated RF front-end modules (FEM). RF functional blocks between the transceiver and antenna include filtering, amplification and switching (with impedance


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It's unlike few other movies you'll see this year or possibly this decade.
It's unlike few other movies you'll see this year or possibly this decade.
Ford v Ferrari delivers real cinema meat and potatoes.
Roger Ebert on James Ivory's "Howards End".
"The Ballad of Narayama" is a Japanese film of great beauty and elegant artifice, telling a story of startling cruelty. What a space it opens…
An article about the screening of Horace Jenkins' "Cane River" on Friday, November 1st, at the Academy Film Archive in Los Angeles.
Chaz Ebert celebrated her birthday by honoring Victory Gardens Theater in October 2019.
A video essay celebrating Antonia Bird's maligned masterpiece, Ravenous.
An article about the screening of Horace Jenkins' "Cane River" on Friday, November 1st, at the Academy Film Archive in Los Angeles.
A celebration of Yasujiro Ozu, as written by a Far Flung Correspondent from Egypt.
A Far Flung Correspondent weighs in on the MCU controversy.
An interview with the writers of A Beautiful Day in the Neighborhood.
A celebration of Yasujiro Ozu, as written by a Far Flung Correspondent from Egypt.
Back in 1993, what was astonishing in "Jurassic Park" were the special effects that seemed to bring dinosaurs back to life. Two decades later, rediscovering Steven Spielberg's mastery of cinematic storytelling is the best reason to go see it again.
It is back in theaters with the best 3-D conversion I've seen, avoiding the cheesy Viewmaster effect too often the result of retrofitted 3-D. Other than a few shots where the foreground is blurred, the effects are immersive and organic, and the dinosaurs-jumping-toward-you moments are sparing and effective.
My favorite moment has always been when the characters in a Jeep are trying to outrace the charging T-rex. All of a sudden, we see a toothy dinosaur coming at them fast and angry in the side-view mirror. It takes a moment for the words to register: "Objects in mirror are closer than they appear." Spielberg has found a way to make us laugh and ramp up the tension. And it is even more compelling in 3-D.
The film holds up remarkably well, other than the computers and walkie-talkies, which will seem to today's audiences almost as prehistoric as the paleolithic creatures. But its then-state-of-the-art special effects, a combination of mechanical creations and computer images, are still as believable as the high-techiest creatures onscreen today.
Spielberg has gone on to weightier and more prestigious projects, but this thrill ride is one of his best and a masterpiece of the genre. It shows his unparalleled gifts for pacing and for the visual language of movies, and his ability to make us invest in the characters. That is what makes all the special effects pack an emotional wallop. He conveys more with ripples in a glass of water than most filmmakers can with 15 pages of dialogue.
The story, based on a book by the late Michael Crichton, begins with hubris, the sin of pride so great that a man places himself with the gods and thus sets the stage for his downfall. John Hammond (Richard Attenborough) dreams of extracting dino and plant DNA that has been trapped in amber and using it to reboot prehistoric species of flora and fauna. Spielberg grounds the story with a moral core that lets us enjoy the catastrophic destruction without any inconvenient pangs of conscience.
Spielberg also makes sure we have someone to root for, lining up our loyalties with characters we can both identify with and admire. Laura Dern and Sam Neill play experts in paleolithic animals and plants who are (1) interested in science, not money and (2) in love. That's all we need to know. But just to make sure, he adds in a few children, who not only get our protective instincts going but give Neill's character a chance to grow.
Go to see "Jurassic Park" in 3-D. Go to take your kids who were not born when it was released. Go to see it the way it should be seen, on a big screen in a theater filled with happily terrified fans. Go to see Samuel L. Jackson before he was Samuel L. Jackson But most of all, go for the delight of watching pure Spielberg movie magic.
A review of the new Star Wars spin-off, The Mandalorian.
A Far Flung Correspondent weighs in on the MCU controversy.
Our staff choices for the best films from 2010 through 2019.
A review of CBS All Access' The Twilight Zone.


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Kanye West once again cracked the Billboard Hot 100s this week, but not with a song off of his recent "Yeezus" album. Instead, West's 8-year-old song "Gone" off of his 2005 album "Late Registration" debuted in the Top 20 this week thanks to the viral "I Quit" YouTube video.
The song's revival comes courtesy of fellow Chicago native Marina Shifrin, who quit her job as a video editor by posting a video of herself dancing around her office to the ever-so-appropriate "Gone."
Using subtitles only, Shifrin expressed her frustration with her Taiwan-based media company New Media Animation, claiming her employer valued quantity over quality. The video has notched 15 million views so far and prompted numerous parodies, including a response video from her former employer.
The stunt also got Shifrin a job offer from talk show host Queen Latifah. On the show, Shifrin said she didn't regret the questionable method of resigning.
"Sometimes I think you need to forcefully close one door in order for another to open a little easier," she said.
West's "Gone" concurrently debuted on the Hot R&B/Hip-Hop Songs at No. 6 and Rap Songs at No. 4, Billboard said. It marked the second time a song has cracked the Billboard charts on the strength of YouTube views, with the first being DJ Baauer's "Harlem Shake" revival-phenomenon earlier this year, The Verge reported.
Billboard changed its policy this past February making songs that show renewed activity past their release cycle eligible for the charts. This shows not just a change in the music ranking system, but possibly a shift in the way record labels approach copyright enfringement, according to The Verge.


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Just For Juniors
The K-State Alumni Association and Student Alumni Board host four Just for Juniors
programs through the fall and spring in the Kansas towns of Manhattan, Topeka, Wichita
and Kansas City. Just for Juniors introduces high school juniors to K-State in a small
setting close to home. This event comes at just the right time as students begin to
think about where to go after high school graduation.
Why join us?
• Meet K-State students, who will share what it's like to be a college student at K-State.
• Explore career choices and get advice from current students. Also, learn about the more than 250 degree programs K-State has to offer.
• Parents can talk with university representatives, who will share information about the admissions process, scholarships and financial aid.
• Register for a chance to win one of three $100 scholarships to K-State!
Upcoming events
• Wichita - Monday, February 11
• Kansas City - Tuesday, March 26
Marcus Kidd '14, '16
Assistant director of student programs


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Clinical Guidelines
In order to assure that the high clinical practice standards endorsed and adhered to by Joslin Diabetes Center and its Joslin Clinic are easily accessible to practitioners worldwide who rely on Joslin to set the benchmark for diabetes care and treatment, Joslin Diabetes Center has developed and published a series of clinical care Guidelines. The primary objective of each Guideline is to support clinical practice and influence clinical behavior so that outcomes are improved and patient expectations are informed and reasonable.
- Clinical Guidelines for Adults (rev.5/2017)
- Pharmacological Guidelines (Rev. 10/2016)
- Inpatient Management of Surgical Patients with Diabetes (Rev. 4/29/19)
- Guideline for Specialty Consultation/Referral (rev. 8/6/13)
- Guidelines for Diabetes in Pregnancy (Rev. 11/2016)
- Guidelines for Management of Uncontrolled Glucose in the Hospitalized Patient (Rev. 5/20/2013)
- Guideline for Care of Older Adults with Diabetes (Rev.9/2015)
- Clinical Nutrition Guideline for Overweight/Obese Adults with Type 2 Diabetes (Rev 10/2016)/
Joslin's Clinical Guidelines are reviewed at least annually but are revised as current evidence and clinical practice require. Please check back frequently to ensure that you have the most recent version of each Guideline.
Page last updated: November 07, 2019


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Progressive Care RN from Randstad Nursing
Richmond, VA 23235
About the Job
We're searching for Telemetry or Progressive Care Unit (PCU) Travel Nurses to fill immediate openings at a hospital in the city of Bon Air, VA. If this sounds great to you, and you have 2+ years of experience, keep reading and we'll make sure you get all the details.
What will I do? Telemetry or Progressive Care Unit (PCU) Travel Nurses collaborate with a team of healthcare professionals on the unit, providing high-frequency monitoring and assessment, and monitoring patients' levels of consciousness and vital signs. This includes monitoring dressings, and usage of central lines and infusion devices. You will also be responsible for operating a wide range of complex equipment, including chest tubes, pulse oximetry and cardiac monitoring.
What are the benefits? Weekly take-home pay between $20 and $60 per hour including per- diems-top-tier benefits that help you focus on taking care of your patients and know you're being taken care of, too.
What else do I need to know? A qualified Telemetry or Progressive Care Unit (PCU) Travel Nurse will have an Associate's Degree or Bachelor of Science in Nursing and hold a current/active license as a registered nurse in the state of VA, in addition to current certifications in BLS, and other unit specific certifications. Advanced certification is available via the Progressive Care Nursing (PCCN) certification for nurses providing care in step-down and telemetry units.
Randstad Healthcare is your career concierge-savvy, smart and right by your side when you're considering a new position, city or job title. Let us help you make your next move: Get in touch with one of our Career Agents today!
Equal Opportunity Employer: Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin, Age, Genetic Information, Disability, Protected Veteran Status, or any other legally protected group status.


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The purpose of this page is to help faculty and students to explore Emergency Medical Technician resources.
On this page you will find:
These resources can also be found on our Library Resources page.
When you are not on campus and try to use the databases, you will be prompted for a username and password. If you do not know these and are a Schoolcraft student, then give the library a call and we will provide you with the information you need.
Our phone number is: (734) 462-4440


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(MCA/1/44) Al Read Show, 14th February 1954 and 29th January 1952.
Official URL: mms://streaming.salford.ac.uk/libauth/mikecraig/SU...
Username and password required.
Username and password required.
|Two episodes of The Al Read Show
|Sound Recording
|Archive Reference:
|Mike Craig archive
|Additional Information:
|The BBC is the copyright owner of this material. Access is permitted for educational purposes only. No use, copying or downloading of this material may be made other than for the purpose of private study.
|Depositing User:
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|20 Aug 2013 17:25
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Mayor's Office
Lancaster County Emergency Management Director Doug Ahlberg today urged all residents to create or review their families' severe weather plans as part of Severe Weather Awareness Week March 22 through 28. Ahlberg also encouraged the public to attend the free severe weather symposium "WeatherFest" from 9 a.m. to 4 p.m. Saturday, March 27 at Hardin Hall, 3301 Holdrege. WeatherFest is a family event focusing on weather-related issues.
"Flashlights and a battery-operated radio are essential tools to include in a family's severe weather activity kit," said Ahlberg. "But they are just ingredients that families should include in their overall severe weather plan. A good plan should include a location where all family members will report in the event of severe weather activity such as a tornado. And like any emergency response plan, reinforcing it on an annual basis is very important."
Ahlberg said having a NOAA all-hazards radio to stay abreast of potential severe weather gives families the best possible chance of reacting and seeking shelter in a timely manner.
Ahlberg said tornados can happen anytime of the year, but April, May and June historically have the most tornado activity. He said tornados are most likely to occur between 4 and 9 p.m.
Ahlberg thanked the local media outlets whose meteorologists and weather forecasters have been providing severe weather tips in advance of Severe Weather Awareness Week. For the month of March only, the local monthly test of the severe weather notification system was postponed from the usual first Wednesday of the month to Wednesday, March 24 to coincide with Severe Weather Awareness Week.
This test includes the testing of outdoor warning sirens. Ahlberg said that citizens should not rely on these sirens as a substitute for an indoor warning, adding that local weather reports and the NOAA all-hazards radio supply the best, most immediate information. The outdoor warning sirens are designed to be the final warning to seek cover immediately.
For more information on severe weather preparedness, visit the City Web site at lincoln.ne.gov (keyword: emergency).


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Brittany Murphy's mother and widower appeared on NBC's "Today" show on Thursday morning where they opened up about their loss.
Just moments before "Today" interviewed Sharon Murphy and Simon Monjack on air, Sharon put her hand to her heart and took a deep breath as she listened to the show's report on her 32-year-old daughter's tragic death.
During their discussion with "Today's" Matt Lauer, both Sharon and Simon addressed the rumors surrounding Brittany's death.
"Brittany was not taking any medication for her mood, for anorexia, for any kind of mental illness," he said.
Although many bottles of prescription drugs were found in their home, Simon claims most of the medications were for him. He said Brittany only used the painkiller Vicoprofen and the antidepressant Seraphim for menstrual symptoms.
"Let me ask you about rumors of cocaine use," Matt asked.
"So horrific. She was diagnosed with a heart murmur when she was a young teenager and she was terrified of anything happening to her. She never did any drugs ever," Sharon said.
"The bottom line is if she'd done cocaine, she'd be dead in a second," Simon said.
Brittany's weight fluctuated throughout her career. Right before her death, she appeared shockingly thin, which led to speculation of anorexia.
"Did she have any kind of eating disorder?" Matt asked.
"Absolutely not," Simon said. "You just need to go to her favorite restaurant, the Chateau Marmont in Los Angeles, and speak to any waiter who will tell you Britt would quite happily order four plates of food."
Just two weeks before she died, the "Happy Feet" star told Access Hollywood she was excited to begin production on the animated hit film's sequel, but Simon broke news, claiming she was actually fired from the film the week before her death – a turn of events that might have contributed to her death.
"She was offered the role of Gloria in the remake and, unfortunately, Warner Bros. pulled the offer based off rumors that were untrue of a film in Puerto Rico," Simon said. "Any actress that takes the role of Gloria I think is terrible. And I would say to Brad Pitt and Matt Damon, who are considering doing the movie, really think about your friendship with Brittany before you do it."
After sending his message to Brad and Matt, who reportedly have joined the "Happy Feet" sequel's cast, Simon went on to blame Hollywood for his wife's demise, saying the downward spiral in her career broke her heart.
"Hollywood is a village and once you upset the villagers, they talk and they gossip and they rumor and they have blood on their hands and I hope they wash them with very hot water," he said.
Related Content from AccessHollywood.com:
VIEW THE PHOTOS: Sudden Endings: Stars Who Died Too Soon
PLAY IT NOW: Simon Monjack: 'Hollywood Broke Brittany Murphy's Heart'
PLAY IT NOW: Brittany Murphy's Husband Addresses Drug Rumors
MORE ACCESS ON THESE TOPICS: Brittany Murphy - Deaths - Celebrities - Movies


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36th Annual Workshop in Ancient Philosophy, March 21 - 23
Thu, March 21, 2013 | Waggener Hall
Ariadne and Dionysus (Attic krater c. 470 BCE: Blanton 1980.39)
Thursday-Saturday, March 21-23 in Waggener Hall
Thursday, March 21, 7-9:30 pm
Friday, March 22, 9 am-noon and 1:45-6 pm
Saturday, March 23, 9 am-noon and 1:30-6 pm
Program of Speakers (workshop flyer)
Thursday, March 21, 7-9:30 pm in Classics Conference Room (Waggener 116)
David Wolfsdorf, Temple University: "Aristotle on Pleasure and energeia: Two Lacunae"
Comments: Duane Long, UT Austin
Serena Lai, University of Georgia: "Aristotle on Motion as Measure and Measured"
Friday, March 22, 9 am-noon in David Miller Conference Room (Waggener 316)
Jessica Gelber, Syracuse University: "Habitats for Humanity (and other living beings)"
Comments: Eve Rabinoff, Boston College
Youngkee Cho, Sogang University and UT Austin: "On a Fictionalist Interpretation of Aristotle's View of Geometry"
Comments: Katherine Dunlop, UT Austin
Friday, March 22, 1:45-6 pm in David Miller Conference Room (Waggener 316)
Rosemary Twomey, CUNY Graduate Center: "Are the Objects of Sense Proprietary? Plato and Aristotle on the Diversity of the Sense Organs"
Comments: Kristen Inglis, University of Pittsburgh
Nathanael Stein, Florida State University: "Genuine and mere-Cambridge Change in Aristotle"
Brad Inwood, University of Toronto: "Virtue: Why Bother? An 'Aristotelian' Account of Moral Motivation"
Saturday, March 23, 9 am-noon in Classics Conference Room (Waggener 116)
Bryan Reece, University of Toronto: "Out of Thin Air? Diogenes of Apollonia on Generation and Causal Interaction"
Comments: Dhananjay Jagannathan, University of Chicago
Matthew Evans, University of Michigan: "Making the Best of Plato's Protagoras"
Comments: Paul DiRado, University of Kentucky
Saturday, March 23, 1:30-6 pm in Classics Conference Room (Waggener 116)
Emily Austin, Wake Forest University: "Plato on Grief as a Mental Disorder"
Comments: Glenavin White, UT Austin
Pavle Stojanovic, Johns Hopkins University: "Moral phantasia katalêptikê in Stoicism"
Comments: Joseph Bullock, UT Austin
Matthew Walker, Yale-NUS College: "Aristotle on the Ease of Philosophy: Protrepticus VI, 40.15–41.2"
Comments: Jerry Green, UT Austin


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I am picking a date, it is in the general time we always do it. Complain, but I think this will be fine. If no one has a logical reason to dispute Tim can go ahead and call Fontana and get it set up.
If someone wants to spearhead the big double stack cabins, do so now so we can book them, I have feeling they will go fast.
The weekend is:
April 10-12 of 2015
Lodging Reservations
Fontana has been reserved for April 9th - April 12th. They do not have any Willow cabins available but will provide 1bd Member cabins in lieu of the Willow cabins.
Lodge room: $109
Hemlock Cabin: $129
Willow Cabin: $109
Azalea Cabin: $215
Reservations can be made by contacting the number below and stating you're with the CelicaTech group.
Toll Free Reservations: 800.849.2258
Reservations MUST be made by the Cutoff Date of March 9, 2015


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You Won't Find Anything Else Like Checkbook
- Nonprofit and independent
- Takes no advertising or referral fees
- Ratings and reviews by surveyed Consumers' Checkbook and Consumer Reports local subscribers
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Even if you turn into "that host" who makes everyon leave their shoes inside the front door, there's no way to avoid it: You'll eventually need to have your carpet and rugs cleaned.


text:
The field of mobile marketing startups continued to winnow as Atlanta's Air2Web and Germany's MindMatics agreed to merge.
Terms of the deal were not disclosed.
Air2Web launched years ago as a wireless messaging and technology firm, but has morphed into a firm that executes mobile marketing campaigns and builds wireless Web sites for brands including The Weather Channel, Procter & Gamble and others. The company's backers include The Carlyle Group, Jupiter Ventures and Vantage Point Venture Partners.
MindMatics has gained traction in Europe delivering promotional and marketing applications with partners such as Unilever, T-Mobile, Sony Ericsson, Budweiser and McDonald's. Investors in the Munich-based firm include T-Mobile Venture Fund, Tempo Capital and Holtzbrinck Ventures.
The deal follows a flurry of recent M&A activity in the mobile marketing space. AOL L.L.C. was one of the first into the fray with the May acquisition of Third Screen Media; since then, Nokia Corp. has agreed to acquire Enpocket, Yahoo Inc. pocketed Munich's Actionality, Microsoft Corp. snapped up France's ScreenTonic and content provider Buongiorno S.p.A. has made several smaller acquisitions.
Air2Web and MindMatics claim the merger will result in "the world's largest, independent, pure-play mobile marketing agency." Ingo Lippert, MindMatics' CEO, will serve as managing director of European business for the combined company, which apparently will do business under Air2Web's brand.
"Mobile marketing is evolving and, in turn, creating remarkable value and opportunity for vendors, marketers and consumers alike," Lippert said. "Together we are very focused on meeting changing market needs and consumer demand, and are well-positioned to leverage those resources for the benefit of our customers worldwide."
www.air2web.com & www.mindmatics.com
Air2Web, MindMatics merge – RCR Wireless News
technorati tags: mobile, mobile alley, mobile news, mobilemarketing, mobile marketing, marketing mobile, interactive marketing, marketing interactif, digital marketing, marketing, Air2Web, MindMatics, Ingo Lippert


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He is an honours graduate in English literature from Rajshahi University & completed his Masters from the same University. He is the member of Bangladesh Civil Administration & worked in different capacities with the Government for last thirty years.
He is now working as Director Production & Jute in BJMC.


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No. 93,286
THOMAS H. SMITH and MARGIE E. SMITH, et al.,
Under the facts of this case, the questions of (1) whether to determine the zoning classification of property taken under a county's eminent domain powers and, if so, (2) the actual determination of the zoning classification itself are for the jury, not an appellate court.
Appeal from Johnson district court; WILLIAM O. ISENHOUR, JR., judge. Opinion filed December 9, 2005. Reversed and remanded with directions.
Robert A. Ford, assistant county counselor, of Olathe, argued the cause and was on the briefs for appellant.
Marvin E. Rainey, of Rainey and Rainey, of Overland Park, argued the cause, and M. Ellis Rainey, II, of the same firm, was with him on the brief for appellees.
The opinion of the court was delivered by
NUSS, J.: This interlocutory appeal involves property valuation in an eminent domain proceeding. In 2001, Johnson County (county) took the Smiths' property which is not only within the city limits of Overland Park (city) but is also within 1 mile of the Johnson County Executive Airport (airport).
The county believed that the property's zoning classification was an important factor in determining value. It therefore filed a motion in limine asking the district court to find that the highest and best use of the property on the date of the taking was low-density residential and to prevent the Smiths from presenting evidence that the highest and best use of the property was high-density residential.
The district court recognized that in 1989 the city had taken action to rezone from A-J (agricultural, i.e., allowing low-density residential) to R-1 (single-family, i.e., high-density residential). It ruled, however, that because the county had not approved the rezoning of property within 1 mile of the airport, the property had retained its county A-J zoning classification since annexed by the city in 1985. The district court later vacated its ruling, concluding that the zoning had changed to R-1 in 1989.
The county received permission from the district court to request an interlocutory appeal, and pursuant to K.S.A. 2004 Supp. 60-2102(c) the case was forwarded to the Court of Appeals which granted interlocutory status. We transferred the case, and our jurisdiction is pursuant to K.S.A. 20-3017.
The district court articulated the issue and its rationale for allowing the pursuit of an interlocutory appeal as follows:
"[T]he Court's ruling on the zoning classification of the property at the time of the taking is a controlling question of law on which there is substantial grounds for a difference of opinion. The Court's ruling that property was at the time of the taking zoned R-1 is a conclusion of law which required consideration of K.S.A. 12-741 et seq. and K.S.A. 3-301 et seq. Because the zoning classification of the property will largely determine the just compensation, the only issue in this case, the Court finds and concludes that an immediate appeal of this Order of the Court determining zoning classification may materially advance the ultimate termination of this litigation." (Emphasis added.)
Upon review, we conclude that the questions of (1) whether to determine the zoning classification of the taken property and, if so, (2) the actual determination of the zoning classification itself are for the jury, not an appellate court. Accordingly, we reverse and remand with directions.
The Smiths were the owners of the 80-acre property (the north 80 acres of the Southwest Quarter of Section 15, Township 14, Range 24) which is the subject of this appeal. At the time of the property's annexation by the city in 1985, it carried a zoning classification by the county as A-J (agricultural). The property lies within 1 mile of the airport.
In 1989, the then agent for the property, William Shafer, took steps to allow development of a single-family subdivision. Among other things, he filed an application with the city to rezone 160 acres (the entire Southwest Quarter of Section 15), including the subject property, from A-J (agricultural) to R-1 (single-family residential).
On March 29, 1989, Shafer sent a letter to the county, among others, addressed "Dear Property Owner" to notify the county of a public hearing to be held on April 10 to consider Rezoning Application No. 89-11, i.e., to rezone the property from A-J to R-1 for construction of single-family homes. On April 18, attorney Neil Shortlidge for the city advised City Attorney Robert Watson that although the land lay within 1 mile of the airport, rezoning would not require county approval under K.S.A. 3-307e because the rezoning would not be a change in existing city zoning: existing zoning was the county's.
On May 15, 1989, the city council conducted a hearing on Shafer's application to rezone. A representative of the Johnson County Airport Commission (airport commission) was present and stated that it was not opposed to Shafer's application. The city council then voted to approve application No. 89-11 to rezone the property to R-1 and adopted the accompanying Rezoning Ordinance No. Z-1946. This action was in turn approved by the mayor and approved as to form by Watson as city attorney. The Johnson County Board of County Commissioners did not formally approve this rezoning action, but neither did it appeal the decision.
In June 1991, the airport commission drafted a "Comprehensive Compatibility Plan." Among other things, the plan identified the subject property as R-1, single-family residential with 8,000 square foot minimum lot size. It also identified this zoning as inconsistent with the airport's future land use, e.g., Airport Rural Residential with 2 acre minimum lot size.
In 1994, the county adopted zoning and subdivision regulations and again confirmed the "base zoning" of the subject property "on the date of the adoption of these regulations" as R-1. That same year the City of Olathe approved a site plan within 1 mile of the airport based upon its own recent rezoning to R-1 of property within its city limits. Later that year the county successfully sued the City of Olathe in Johnson District Court, arguing that according to K.S.A. 3-307e Olathe had failed to obtain county approval for the rezoning near the airport, even though the county had not sued the City of Overland Park when that city had made a similar rezoning of the subject property in 1989.
The Smiths acquired the property in 1998, and on June 28, 1999, they filed an application with the City of Overland Park for preliminary plat approval of a single-family housing subdivision. Assistant City Attorney J. Bart Budetti advised the staff of the city's planning department that the city's 1989 Rezoning Ordinance No. Z-1946 had not been approved by the county. Furthermore, he advised that until such county approval of the rezoning had occurred, the city could not review or approve the preliminary plat. Instead of appealing, the Smiths withdrew their application on July 20.
Budetti later explained in a 2004 affidavit that the city had not obtained county approval "as required by statute" because the city's planning department had not been aware of this requirement. According to him, the city had simply and erroneously changed its zoning map in 1989 to reflect the zoning change from A-J to R-1. The City Planning Director, Roger Peterson, also explained in an 2002 affidavit that the 1989 rezoning from A-J to R-1 was ineffective because it had not been approved by the county as required by K.S.A. 3-307e.
Approximately 8 months after the Smiths withdrew their application, on March 8, 2000, their attorney sent a letter to the county planning office which stated in relevant part:
"Our firm represents Tom Smith, the owner of property located at 167th & Pflumm. Because the property is located within one mile of the airport, the owner is hereby requesting that the County review the matter of the existing zoning of the property and development of the area according to that zoning.
"Therefore, the City of Overland Park has provided a full copy of its file (documents enclosed) regarding the 1989 rezoning of the property to single-family residential to facilitate County's review of this matter."
Three months later, on June 8, 2000, apparently at the Smiths' attorney's request for county approval of the city's 1989 rezoning of the 160 acres, the county considered Rezoning Application No. REZ-89-11 which had been adopted by the city in 1989. The county then passed two resolutions.
First, with Resolution No. 053-00, the county denied the zoning change from A-J to R-1 for the south 414 ft. of the Southwest Quarter of Section 15 (25 acres). Among its cited reasons were "[t]he proposed development does not comply with the adopted plans for the area" and "safety concerns about residential development in an area within the flight path of the airport and also noise concerns about residential development near the airport." Second, with Resolution No. 055-00, the county declared its intent to acquire the north half of the Southwest Quarter of Section 15 (the Smiths' 80 acres). The Smiths never appealed these county decisions.
Once the county disapproved Smiths' request, Assistant City Attorney Budetti advised his planning staff to remove the erroneous R-1 designation on the City's Official Zoning map. According to him, Smiths' property maintains its county A-J zoning on the city map.
Less than a year later, on March 20, 2001, the county began an eminent domain proceeding to acquire the subject property. On May 21 of that year, the Smiths appealed from the report of the court-appointed appraisers and requested a jury trial on damages. The county took the property the next month, on June 6, approximately 1 year after the county disapproved the Smiths' rezoning request and declared its intention to take the property.
On January 9, 2003, the county filed a motion in limine in the eminent domain appeal asking the district court to prevent the Smiths from presenting evidence that the highest and best use of the property was high-density residential. The county asked that the court instead find the highest and best use of the property was limited to low-density residential based on the county's A-J zoning at the time of taking: June 6, 2001.
On November 13, 2003, the court granted the county's motion, concluding that the property retained its A-J zoning classification at the time of the taking. Specifically, the court held that the 1989 rezoning to R-1 by the city did not take effect because it had not been approved by the county as required by K.S.A. 3-307e. The court stated:
"There can be little question that the purpose of K.S.A. 3-307e is to allow the County to 'veto' any city zoning action within one mile of a county airport if the Board determines that the zoning is not in the best interests of the airport operations. Any decision by this Court must take into consideration the purpose of the statute. Allowing the Property to be rezoned without the express approval of the Board of County Commissioners would be contrary to the expressed legislative intent. Any doubts in the applicability of the statute must be weighed in favor of the County. Under these circumstances, the Court concludes that the zoning of the Landowners' property remains 'A-J.'"
The district court also held that to rule otherwise would allow the Smiths an improper collateral attack in the eminent domain proceeding on the validity of the county's June 2000 rejection of the Smiths' request for rezoning to R-1. It therefore concluded that it had no jurisdiction to hear an appeal of the county's rezoning rejection.
On April 6, 2004, the Smiths filed a motion to vacate and set aside the November 2003 order. On September 18, 2004, the court granted the motion and vacated its earlier order. The court held that its earlier order allowed the county to make an improper collateral attack in the eminent domain proceeding on the validity of the city's 1989 rezoning of the property from A-J to R-1. In effect, it held that if the county had wished to challenge the 1989 rezoning action, it had been required to appeal the rezoning decision within 30 days. See K.S.A. 12-712 (Ensley 1982) (repealed 1991); K.S.A. 12-760. In so holding, the court recognized the validity of the city's 1989 rezoning, and concluded that the zoning had changed to R-1.
The court also determined, and the county and the Smiths agreed, that the highest and best use of the property at the time of the taking was dependent upon the zoning of property at that time; "therefore, the determination of the zoning classification is largely determinative of the market value of the property at the time of the taking, which is the only issue to be decided in this condemnation appeal." It then approved the request of the county to proceed with an interlocutory appeal so an appellate court could determine the property's zoning classification at the date of taking.
Issue: Should an appellate court determine a property's zoning classification on the date of taking if the classification will largely determine the amount of just compensation?
The parties' legal arguments
The parties make numerous arguments to support their conflicting positions about the property's actual zoning classification at the time of the taking. For example, the Smiths argue that the city's 1989 zoning change was essentially approved by the county through substantial compliance with statutory requirements, i.e., K.S.A. 3-307e. Among other things, they also argue their reliance and the county's acquiescence or estoppel. They point to attorney Shortlidge's opinion for the city in 1989 that county approval was not required for rezoning; to the airport commission's lack of opposition to the application for rezoning in 1989; to the 1991 Comprehensive Compatability Plan which appeared to confirm the city's 1989 rezoning to R-1; to the city's zoning map indicating R-1 zoning for the property; and to the county's failure to ever sue the city for its zoning change, when the county had promptly sued the City of Olathe for similar actions in 1994.
The county argues that the Smiths are improperly transforming this eminent domain proceeding into a zoning appeal over which this court has no jurisdiction. It alleges that the only issue is whether a well-informed buyer would consider the land to be already zoned R-1 on the date of the 2001 taking, in light of the contrary actions by the city, the county, and the Smiths themselves that in effect recognized the zoning as A-J. These actions would include Assistant City Attorney Budetti's 1999 statements that the change to R-1 on the city zoning map had been made mistakenly and that county approval of city zoning changes was required before plat approval could be considered.
Included in the parties' arguments are allegations against each other of improper collateral attacks.
The Smiths argue that the city's 1989 decision to change the zoning from A-J to R-1 was not appealed by the county per K.S.A. 12-760, or its predecessor, K.S.A. 12-712 (Ensley 1982) (repealed 1991). Those statutes require an appeal of a planning or zoning decision to be filed within 30 days. They cite St. John v. City of Salina, 9 Kan. App. 2d 636, 684 P.2d 464, rev. denied 236 Kan. 876 (1984) for the proposition that the appeal of zoning decisions can include the "lawfulness" or "validity of enactment." Accordingly, they claim that the county cannot collaterally attack that city decision at this late date.
Among other things, the county argues that Assistant City Attorney Budetti's June 1999 refusal to review or approve the Smiths' property plat was not appealed by the Smiths as an "administrative official's decision or determination" to the Board of Zoning Appeals per K.S.A. 12-759(d) and then to the district court per K.S.A. 12-759(f). K.S.A. 12-759(d) requires an appeal be taken within a reasonable time as provided by the rules of the Board; K.S.A. 12-759(f) requires an appeal to be taken within 30 days of the final Board decision. Instead, the Smiths withdrew their application. Accordingly, the county claims that the Smiths cannot collaterally attack that city official's decision and determination at this late date.
Similarly, the county argues that its June 8, 2000, decision to deny the Smiths' rezoning request was not appealed by the Smiths per K.S.A. 19-223 or K.S.A. 3-709. The first statute requires an appeal to the district court of any decision of a board of county commissioners to be filed within 30 days, while the latter specifically requires an appeal to the district court within 30 days of decisions made under the provisions for airport zoning regulations. Accordingly, the county claims that the Smiths cannot collaterally attack its 2000 decision now.
The county further argues that it need not have appealed the 1989 rezoning decision by the city under K.S.A. 12-760 because K.S.A. 3-307e trumps the other statute by placing the burden on the city to submit its rezoning decision to the county for approval. K.S.A. 3-307e provides:
"The airport commission shall act as an airport zoning commission for the county and as such shall make recommendations and serve in the same capacity as an airport zoning commission provided for in subsection (2) of K.S.A. 3-705. Said commission shall make such recommendations concerning type and boundary of zones and regulations to be adopted for public airports and all property within (1) mile thereof. The board of county commissioners shall act on such recommendations and may zone such airports and the surrounding areas within (1) mile except where such areas have already been zoned by city action. In such cases, city zoned areas shall keep such city zoning control except that any changes in existing city zoning must have the approval of the board of county commissioners. All airport zoning regulations adopted as provided for herein shall be administered by the airport commission, as directed by the board of county commissioners. The county commissioners shall exercise directly all the zoning authority granted by this act in the event an airport commission is not appointed or functioning." (Emphasis added.)
The county argues that because no county approval was sought, much less received, the 1989 city rezoning was invalid.
The Smiths respond by arguing, among other things, that the county had no airport zoning regulations until 1994. Consequently, the county had no authority to approve or disapprove any city request for rezoning in 1989, and the city zoning changes are therefore valid.
We need not analyze these and other detailed arguments made by the parties. As explained below, we conclude these are matters for the jury to consider when it deliberates on the issue of the property's value at the time of taking, including the likely zoning classification of the property.
The major issue in a condemnation action is the condemned property's fair market value. City of Wichita v. Eisenring, 269 Kan. 767, 773, 7 P.3d 1248 (2000) (citing 5 Nichols on Eminent Domain § 18.05[1][3d ed. 1997]). "Fair market value" is in turn defined as "the amount in terms of money that a well informed buyer is justified in paying and a well informed seller is justified in accepting for property in an open and competitive market, assuming that the parties are acting without undue compulsion." K.S.A. 26-513(e).
K.S.A. 26-513(d) provides a "nonexclusive list" of 14 factors to ascertain the amount of compensation and damage. "Thus, any competent evidence bearing upon market value generally is admissible including those factors that a hypothetical buyer and seller would consider in setting a purchase price for the property." 269 Kan. at 773 (citing 5 Nichols on Eminent Domain § 18.05[1].
The district court and the parties ask that we determine the property's zoning classification because that "will largely determine the just compensation, the only issue in this case." We begin by observing that zoning classification certainly is not dispositive of value:
"[I]n determining, for condemnation purposes, the most profitable use to which land can reasonably be put in the reasonably near future, the existing zoning restrictions or other restrictions should be considered, but they are not determinative." (Emphasis added.) 29A C.J.S., Eminent Domain § 148(d).
K.S.A. 26-513(d)(1) is in agreement: "The most advantageous use to which the property is reasonably adaptable" is but one of the 14 nonexclusive factors of compensation.
PIK Civ. 3d 131.05 addresses this adaptability factor and states in relevant part:
"In determining fair market value, you should consider all of the possible uses to which the property could have been put, including the best and most advantageous use to which the property was reasonably adaptable, but your considerations must not be speculative, conjectural, or remote. The uses which may be considered must have been so reasonably probable as to have had an effect on the fair market value of the property at the time of the taking." (Emphasis added.)
Determining the uses to which the property was reasonably adaptable includes consideration of a reasonable probability of zoning changes. 5 Nichols on Eminent Domain, § 18.05[3], p. 18-32, provides in relevant part:
"Admissibility of a proposed use requires a showing that the property is both physically adaptable for that use and that there is a demand for such use in the reasonably near future. Even if the asserted use is prohibited by zoning or other land use designations or requires the issuance of governmental permits, evidence of such use is admissible upon a showing that it is reasonably probable that the zoning or other designations would be changed or that permits would be issued." (Emphasis added.)
We next observe that in Kansas the issue of rezoning probability as a factor in determining the fair market value of the taken property is a jury question. PIK Civ. 3d 131.06 provides:
"If you find that the best use to which the land could have been put at the time of the taking was a use other than that for which it was zoned at the time, and that there was a reasonable probability of its being later rezoned to permit such use, then you may consider such use in determining the market values." (Emphasis added.)
Regnier Builders, Inc., v. Linwood School District No 1, 189 Kan. 360, 369 P.2d 316 (1962) is of guidance. There, the Linwood School District filed suit to acquire 3 acres from a 15.75-acre tract for public school purposes. After the court-appointed appraisers fixed the value of the 3 acres at $10,500 and found no damage to the 12.75 acres remaining, the landowner, Vic Regnier Builders, Inc., appealed to the district court. The jury heard testimony from 3 expert witnesses per party and from the landowner. The jury found the 3 taken acres were worth $21,000 and the remaining 12.75 acres were damaged in the amount of $6,500.
The 15.75-acre tract was located at the southeast corner of the intersection of 95th Street and Mission Road in Overland Park. Although the tract was zoned residential, evidence established that Ranch Mart, a large shopping center, was located at the northeast corner of the intersection. Consequently, "there was [landowner's] expert testimony that the tract's highest and best use was for commercial purposes and that it was probable the property would be rezoned for that use within three to five years." (Emphasis added.) 189 Kan. 361. According to the landowner's expert witness, these considerations supported appraising the value of the 3 acres at $60,000 and the damage to the remainder at $10,000.
The court initially observed:
"The owner is entitled to show the fair market value of . . . land for every purpose to which it is adapted. The fact that it has been used for one purpose only does not prevent [the landowner] from showing its availability for other appropriate purposes and its value for such uses, but the uses which may be considered must be so reasonably probable as to have an effect on the present market value of the land. [Citations omitted.]" (Emphasis added.) 189 Kan. at 362.
The court also denied the school district's challenge to a jury instruction (not set forth in the opinion), stating:
"The jury was advised if it found that the best adaptable use to which the land could have been put at the time of the condemnation was a use other than that for which it was zoned at the time and that there was a reasonable probability on September 4, 1959, [date of the taking] of its being later rezoned to permit such use, then it might consider such fact in determining fair market value of the property insofar as that use tended to affect the immediate value of the property. In view of the landowner's expert['s] testimony we cannot say the instruction was prejudicial or erroneous." (Emphasis added.) 189 Kan. at 363-64.
Testimony apparently ranged from one expert witness' $10,500 residential value for the 3 taken acres with no damage to the remaining 12.75 acres, to the "probable zoning change" expert witness' $60,000 commercial value for the 3 taken acres with damage to the remainder of $10,000. That range, coupled with a jury verdict of $21,000 for the value of the 3 acres with damage to the remainder of $6,500, demonstrates that the jury likely factored in the probability of a zoning change from residential to commercial when it determined fair market value.
A synthesis of these authorities leads us to conclude that if a jury is capable of hearing evidence of reasonably probable zoning changes from an opining expert witness, it is also capable of hearing similar evidence, i.e., an expert witness opining on the zoning classification of the property at the time of the taking. Similarly, if a jury is capable of hearing evidence of opinions by expert witnesses on the value of the property, based in part upon the probability of zoning changes, see Regnier Builders, Inc., 189 Kan. 360, it is also capable of hearing evidence of opinions by expert witnesses on the value of the property, based in part upon their conclusions about the existing zoning classification.
The jury would not necessarily be required to determine the actual zoning classification at the time of the taking but could take into consideration the impact of this question – and its certainty, probability, or improbability – in determining what a well-informed buyer is justified in paying and a well-informed seller is justified in accepting for property in an open market. We consider this "competent evidence bearing upon market value." See Eisenring, 269 Kan. at 773. Similarly, the experts may consider, as part of their evaluations, the same factors that the parties have argued on appeal to support their points establishing the zoning classification at the time of the taking. Examples include: reliance, estoppel, acquiescence, substantial compliance with K.S.A. 3-307e, collateral attacks, and lack of county airport zoning regulations when the city acted to rezone in 1989.
Reliance upon expert witnesses in eminent domain proceedings is routine. Indeed, as this court stated in Eisenring, 269 Kan. at 774:
"Evidence in an eminent domain proceeding consists mostly of the opinions of witnesses who are sufficiently well informed on the subject to be helpful and informative to the jury. Such evidence is allowed because the valuation of real estate is largely a subjective matter and cannot be definitely determined by the application of any exact principle of science. [Citation omitted.]"
On remand, the expert opinions would be based upon the witnesses' education, training and experience, as well as the facts of the case, and would be tested under cross-examination. As this court stated in Regnier Builders, Inc., 189 Kan. at 362:
"The testimony of expert witnesses is weighed by the jury under proper instructions by the court the same as the testimony of other witnesses. The means of testing the competency of expert witnesses in condemnation proceedings is by cross-examination. Only by permitting their cross-examination to the fullest extent can a jury be in a position to determine the probative value of their testimony."
Under the circumstances of this case, the district court erred in determining that the zoning classification of the taken property was R-1. It also erred in designating a controlling question of law pursuant to K.S.A. 2004 Supp. 60-2102(c) for an interlocutory appeal because we will not make the determination of the actual zoning on the date of the taking, which may or may not be important to the jury in its final valuation. Cf. Regnier Builders, Inc., 189 Kan. 362 (jury verdict between the opinions of those experts testifying on property value when zoned residential and the opinion of an expert testifying on property value when reasonable probability of zoning change to commercial).
We reverse and remand to the district court for proceedings consistent with this opinion.
LARSON, S.J., assigned.1
1REPORTER'S NOTE: Senior Judge Edward Larson was assigned to hear case No. 93,286 pursuant to the authority vested in the Supreme Court by K.S.A. 20-2616 to fill the vacancy on the court resulting from Justice Gernon's death.December 6, 2005


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Wells Fargo reported third-quarter earnings on Monday of 72 cents a share on net income of $4.1 billion, missing analysts' estimates by a penny but beating last year's earnings of 60 cents a share on net income $3.3 billion by 20%. The San Francisco-bank also revealed that its advisor headcount and asset levels have fallen slightly since the second quarter of 2011.
Overall revenues for Wells Fargo declined 6% to $19.63 billion in the most recent period from $20.87 billion in the year-ago quarter.
"We can't change the economic environment, yet we have worked hard to control the variables we can," said Chairman and CEO John Stumpf in a statement. "The economic recovery has been more sluggish and uneven than anyone anticipated."
Average bank loans fell to $745.5 billion as of Sept. 30, from $759.5 billion in the third quarter of 2001. In addition, the bank's net-interest margin declined to 3.84% from 4.25% in the year-ago period.
"While our industry continued to face challenges due to economic conditions during this quarter, Wells Fargo's diversified model was again able to produce solid results for our shareholders, " said CFO Tim Sloan in a statement.
Brokerage Business
Wells Fargo's wealth, brokerage and retirement (WBR) unit reported net income of $291 million, up 14% from $256 million a year ago but down 13%, or $42 million, from $333 million in the second quarter of 2011.
Revenue dropped 6% sequentially to $2.9 billion, "primarily due to losses on deferred compensation plan investments (offset in expense), as well as lower securities gains in the brokerage business and reduced brokerage transaction revenue," the company said in a statement.
Year-over-year revenue fell 1% due to "losses on deferred compensation plan investments (offset in expense) and lower brokerage transaction revenue, partially offset by higher asset-based revenues," according to the company.
Non-interest expense for the WBR operations moved down 5% from the second quarter on reduced personnel costs (primarily due to lower deferred compensation) and reduced broker commissions, Wells Fargo says.
From the year-ago quarter, non-interest expense declined 2% thanks to lower deferred compensation, partially offset by growth in personnel costs tied to increased broker commissions, driven by higher production levels and increased non-personnel costs.
Wells Fargo Advisors had client assets of $1.1 trillion as of Sept. 30, a 3% drop from last year.
However, the company says it also experienced "strong deposit growth in the third quarter, with average balances up $11 billion," or 14%, from the prior year. Also, managed account assets increased $20 billion, or 9% from the year-ago period.
The unit, which completed the sale of H.D. Vest Financial Services business on Oct. 3, says it now has 15,188 financial advisors and 3,590 licensed bankers–or a total of 18,778.
In the second quarter, WFA had 15,194 advisors and roughly 3,800 bankers–representing 18,789 professionals administering some $1.2 trillion dollars. (It had 15,236 FAs and 3,958 bankers in Q1 of 2011.)
This puts it behind rivals Morgan Stanley and Merrill Lynch in its advisor headcount, but ahead of UBS in the Americas.
Read AdvisorOne's Q3 Earnings Calendar to keep track of earnings releases for the finance sector.


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View these additional resources on using evidence to inform practice.
Lesson Plans
Our Community: Creating ABC Books as Assessment (Gr. K-2)Students create alphabet books, which are used as an integrated assessment with science, health, social studies, and any other content area. This lesson plans looks at the theme of community.
Active Reading through Self-Assessment: The Student-Made Quiz (Gr. 6-12)This recurring lesson encourages students to comprehend their reading through inquiry and collaboration. They choose important quotations from the text and work in groups to formulate "quiz" questions that their peers will answer.
Involving Students and Families in Ongoing Reflection and Assessment (Gr. K-2)Students begin by writing a sentence or two each week and progress to daily reflections and records of their school activity. Families respond to these student reflections, which become the basis for discussion among family, teacher, and students.
Graffiti Wall: Discussing and Responding to Literature Using Graphics (Gr. 9-12) Tap students' desires to doodle and draw by having them create a Graffiti Wall, using graphics to discuss a piece of literature that has been read by the whole class.
Doodle Splash: Using Graphics to Discuss Literature (Gr. 6-8) Students keep a doodle journal while reading short stories by a common author. In small groups, students then combine their doodles into a graphic representation of the text.
Strategy Guides
Depend on the Text! How to Create Text-Dependent Questions (Gr. 1-3)Teachers need to create text-dependent questions to elicit close reading. When answering these questions, students learn to reread and think deeply about the text.
Tracking and Supporting Student Learning with Kidwatching (Gr. K-8) In this strategy guide, you'll learn how to use kidwatching to track and support student learning. Teachers observe and take notes on students' understanding of skills and concepts and then use the observations to determine effective strategies for future instruction.
Strategy Guide Series on Differentiating Instruction
Printable Assessment Tools
Go offline with this collection of printable sheets from assessments to organizers—all of them classroom-tested and easy to use.
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Fabyan Villa Museum
The Fabyan Villa Museum, home to George and Nelle Fabyan from 1905 thru 1939, is open May 15 through October 15 for public visits. Private tours can be scheduled at other times throughout the year. Hours are Wednesdays from 1 p.m. - 4 p.m., Saturdays
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