Kent Roth, Attorney

10/21/2021

New signs installed today on the front of Roth LAW Office 10 North Main Ellinwood, Kansas 67526. I purchased the building in 1997 from Mildred Hartenbower. She and her late husband ran the Tip Top Cleaners dry cleaning business out of this location. Louie Hartenbower who passed away in 1989 also ran a record shop in the basement when I was growing up in Ellinwood. Prior to the Hartenbower ownership William L. Southern and Mabel F. Southern starting around 1924 operated a dry cleaning upstairs and Flower Shop in basement; the location had previously been a Brewery and Cigar Store operated by John Hess starting in 1877. A fire in 1887 destroyed the wood buildings on the block facing east. Thereafter, the City passed an ordinance requiring brick be used to rebuild. A new store front, with higher quality bricks, was installed in 1938.
The initial proposed improvement project was for Quality Glass, LLC a licensed Barton County Contractor, to replace the front windows with energy efficient double pained four and one half (4 1/2') inch wide windows and the boarded over windows above the two (2) front doors would have stained glass inserted which would be viewable from the inside and outside of the building.
After submitting the matching grant application, I was advised the County Commission was interested in a greater improvement in the appearance of the business. The grant was then supplemented to include Mark's Custom Signs a licensed Barton County Contractor to cover over two (2) 33" by 87" signs advertising no longer going concerns with historical images illustrating Ellinwood: "Where the Santa Fe Trail Intersects the Cox Cattle Trail."
The Santa Fe Trail 1821 to 1880 angled across the present townsite of Ellinwood, what is now the Grove Park Golf Course was a favorite campground.
The Cox Cattle Trail was an offshoot of the Chisholm Trail. As Rail Tracks were constructed west across Kansas, Texas Long Horn Cattle would be driven from Texas to the nearest rail station for loading at Abilene, then Ellsworth and eventually Dodge City. The survey by the Kansas Pacific Railway Company was led by William M. Cox the general livestock agent for the railroad. His route near Ellinwood from the mid-1860s until 1873, saved the cattle drovers about 35 miles. The Cox Cattle Trail crossed the Arkansas River at Ellinwood before making its way to Ellsworth.

02/13/2021

May 28, 2021, deadline to attest that, to the best of your knowledge, the damage to your soybeans were due to dicamba applications by third parties to dicamba tolerant soybeans and/or cotton to participate in class action settlement. Call me at 620-282-4054 with any questions.

12/07/2020

GMO Corn Settlement is winding up. Corn Producers who did not plant the Syngenta Viptera or Doracade seed paid $.12453384; Corn Producers who did plant the corn seed which caused the embargo by China paid 1/6 as much $.0202326 and grain handlers who have much larger numbers of cross contaminated bushels paid $.00506164 based on number in individual notice of determination sent months ago. Most Claimants have received the first check for 65% of their settlement amount and the second check for the remaining 35% should go out soon. What am I doing once the fee and expenses are paid to me, JoAnn and I will visit my brother who lives in Hawaii.

12/01/2019

Home made "Cookies and Candy by the Pound" on sale today, Sunday December 1, 2019 at Ellinwood Heritage Center 103 North Main from 12:30 to 5 PM, fundraiser for Museum of Ellinwood. Museum at 104 North Main is open with free hot chocolate and apple cider and free admission for all today. Sponsored by the Ellinwood Community Historical Society.

12/01/2019

Home made "Cookies and Candy by the Pound" on sale today, Sunday December 1, 2019 at Ellinwood Heritage Center 103 North Main from 12:30 to 5 PM, fundraiser for Museum of Ellinwood. Museum at 104 North Main is open with free hot chocolate and apple cider and free admission for all today. Sponsored by the Ellinwood Community Historical Society.

Make sure to come see us at the Museum after purchasing your yummy cookies. The Museum will have hot cider and candy. Santa plans to visit kiddos at the museum as well.

03/01/2019

Ellinwood Lawyer provides legal services including Chapter 7 Bankruptcy Protection. 620-564-2090

11/26/2018

Kansas Open Meeting Act explained. When can a group subject to the KOMA close its meetings?
The body may go into an executive session (after convening an open meeting), in order to privately discuss a matter, if (a) the discussion is on a topic listed in K.S.A. 75-4319 and (b) the correct procedure is followed for going into executive session.
Does a public body have a duty to close certain discussions?
Not under the KOMA. The KOMA allows executives session discussions; it does not require them.
Does the KOMA require members of a public body to refrain from publicly revealing matters that were discussed while in executive sessions?
No. Some other laws, or considerations such as fiduciary duty, personal privacy rights, or contracts, may require or influence such confidentiality. But the KOMA itself does not require that the topics listed in K.S.A. 75-4319 always be kept private.
Who can be present during an executive session discussion?
Only members of the public body holding the discussion have a right to be in executive sessions. The public body may discretionarily include anyone they believe will aid them in that discussion.
Can a member of the general public be allowed into executive session discussions in order to simply listen and make sure the KOMA is not being violated?
No. If the public body allows one "general listener" to attend, the discussion must be open to the rest of the general public.
Can a group subject to the KOMA take secret binding action while in executive session?
No. All binding action must be publicly taken. Executive sessions may only be used to discuss matters. However, a public body can reach a consensus while in executive session.
How does a public body properly go into an executive session?
First the public body must be in an open session, before going into an executive session.

Then, a motion must be made, and seconded.

The motion must contain statement of Justification for closure; Subject(s) to be discussed; and (3) Time and place open meeting will resume.

Example: "Madam Chairman, I move we recess into executive session to discuss disciplinary action against a student in order to protect the privacy of the parties involved. We will reconvene the open meeting in the conference room at 8:30 p.m."

07/06/2017

Syngenta GMO Corn Litigation Verdict of $217.7 million announce by Federal Jury in Kansas City on Friday, June 23, 2017. Kansas Farmers were awarded the amount of damages asked for in the class action, but the Jury did not award any additional punitive damages. Next trail is in August in Minnesota State Court. Should Farmers keep winning; a settlement offer covering all U.S. Corn Producers expected.

06/07/2016

Every decision in the Syngenta GOM Corn case has broken in favor of the Farmers up to now, however, the Big Corporations, Archer Daniels Midland, Bunge, Cargill and Louis Dreyfus also argued with Syngenta for preemption of State law by Federal law which would avoid regulation by the fifty (50) Stares. A ruling finding Federal preemption would allow the Big Corporations to deal solely with the U.S. Congress. Understandable from a purely profit and cost analysis as it definitely is less expense to corrupt on legislative body that fifty-one (51) with American Legislative Exchange Council (ALEC) meetings and otherwise. Congress has a 9% approval rating, but Incumbents seem to keep getting re-elected. Let us hope the Special Interests Groups are unable to convince Congress to restrict the little guy's right to jury trial in this or any other case!

Syngenta asked a Kansas federal judge Friday to toss eight individual class actions from corn farmers in multidistrict litigation alleging the agribusiness giant’s promotion of genetically modified corn cost the industry upward of $1 billion, arguing federal law prohibits any state-level attem...

02/01/2016

GMO CORN LITIGATION SETTLEMENT!!!!

China rejected the first load of corn from the United States on November 18, 2013; and imposed a full embargo the next January over two (2) years ago. The loss of China as a major importer caused billions of dollars in damages.

MORE GOOD NEWS!!!! WASHINGTON, D.C., USA, September 26, 2017 – Plaintiffs and defendants in the Syngenta MIR 162 Corn Litigation have reached a pending settlement to resolve litigation concerning the launch of Syngenta’s Agrisure Viptera and Agrisure Duracade corn traits.

The settlement, which is subject to court approval, would establish a settlement fund for the submission of claims by eligible claimants who contracted to price corn or corn by-products after September 15, 2013. Information concerning the settlement fund, claims process, and other details will become available after the parties execute and submit the proposed settlement agreement and other papers to the court later this year.

The proposed settlement would allow both sides to avoid the uncertainty of ongoing litigation. The settlement does not constitute an admission by either side concerning the merits of the parties’ allegations and defenses.

Corn Producers I have signed up maybe contacted to sign a new consent to release information from the Farm Service Office. The consents signed with the contract are only good for one (1) year.

Please do not hesitate to call my law Office should (620) 564-2090 should a Client have any questions. Kent Roth, Ellinwood Lawyer