45.2 Clean Air Act
45.5 Hazardous Waste
45.6 Nuclear Waste
45.7 Endangered Species
47.2 Mislaid Property Alex Franks was a guest staying at a Comfort
Inn in Searcy, Arkansas, while he was working on a highway project.
Franks found a bundle of money in plain view in the left part of the
left drawer in the dresser in his room. Franks notified the hotel
manager, who notified the police. The police took custody of the
money and discovered that the carefully wrapped bundle contained
$14,200 in cash—46 $100 bills and 480 $20 bills. Franks sued to
recover the cash. J.K. Kazi, the owner of the hotel, joined the lawsuit,
also claiming the money. Franks argued that the money was lost
property and therefore he, as the finder, was entitled to the money.
Kazi argued that the money was mislaid property and that he, as the
owner of the premises on which the money was found, was entitled to
the money. The trial court held that the money had been mis-laid and
awarded the money to Kazi, the hotel owner. Franks appealed. Was
the money mislaid or lost property? Who receives the property?
Franks v. Kazi, 88 Ark.App. 243, 197 S.W.3d 5, Web 2004 Ark. App.
Lexis 771 (Court of Appeals of Arkansas)
47.3 Bailment The Sisters of Charity of the Incarnate Word, d.b.a. St.
Elizabeth Hospital of Beaumont, operates a health and wellness
center. Phil Meaux was a paying member of the health center. The
rules of the center, which Meaux had been given, state, ―The Health
& Wellness Center is not responsible for lost or stolen items.‖ A sign
stating, ―We cannot assure the safety of your valuables‖ was posted at
the check-in desk. The wellness center furnished a lock and key to
each member but had a master key to open lockers in case a member
forgot or lost his or her key.
One day, Meaux went to the wellness center and placed his clothes,
an expensive Rolex watch, and a money clip with $400 cash in the
locker assigned him. Upon returning from swimming, Meaux