Cross References to Related Sections:

Audited claims, appeal, see 19-608.

Law Review and Bar Journal References:

"Rezoning in Kansas: Legislation, Adjudication, or Confusion," Simon B. Buckner IV, 30 K.L.R. 571, 578, 579 (1982).

"Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001).

Attorney General's Opinions:

Fairs in counties of more than 50,000 population; tax levies for fair purposes; 4-H and grange fairs. 86-10.

CASE ANNOTATIONS

1. Upon appeal claimant may show what commissioners' allowances really cover. Comm'rs of Jefferson Co. v. Patrick, 12 Kan. 605.

2. Aggrieved party may appeal from decision of board. Wilson v. Comm'rs of Cowley Co., 18 Kan. 575; Comm'rs of Lyon Co. v. Sargeant, 24 Kan. 572.

3. No appeal from order refusing to set off new township. Fulkerson v. Comm'rs of Harper Co., 31 Kan. 125, 1 P. 261.

4. Appellant must be aggrieved or affected by decision. Shurtleff v. Chase County, 63 Kan. 645, 649, 66 P. 654.

5. Appeal bond must be approved by and filed with clerk. Trego County v. Cross, 71 Kan. 151, 79 P. 1084.

6. Determination in exercise of board's legislative power and appeal. Nash v. Glen Elder, 74 Kan. 756, 761, 88 P. 62.

7. Court cannot set aside order to lay out highway. Flagel v. Jackson County, 83 Kan. 709, 112 P. 622.

8. District court's jurisdiction is original, not appellate. Routh v. Finney County, 84 Kan. 25, 113 P. 397.

9. Appeal from disallowance of highway damage claim raises no other question. Wilson v. Cloud County, 87 Kan. 798, 126 P. 642.

10. Right to appeal from order establishing drainage ditch considered. Coffman v. Hall, 107 Kan. 188, 191, 190 P. 761.

11. Order vacating road or street is judicial and appealable. Bolmar v. Shawnee County, 109 Kan. 91, 197 P. 880.

12. Right to appeal from proceedings for incorporation of city considered. Town of Olsburg v. Pottawatomie County, 113 Kan. 501, 504, 215 P. 451.

13. Appeal may be taken from order vacating road. Heatherman v. Kingman County Comm'rs, 123 Kan. 77, 254 P. 321.

14. Cited in holding claim properly presented and appealed under cash-basis law. Brelsford & Gifford Co. v. Smith County Comm'rs, 139 Kan. 339, 341, 31 P.2d 25.

15. Appeal bond lacking surety held to meet requirements of section. Buxton v. Ford County Comm'rs, 170 Kan. 148, 149, 151, 223 P.2d 734.

16. Order denying road under K.S.A. 68-117 appealable. In re Petition of McAdam, 181 Kan. 73, 74, 309 P.2d 648.

17. Section cited; appeal from order creating benefit district under section K.S.A. 68-731. Parmelee v. Ziegler, 181 Kan. 703, 314 P.2d 340.

18. Mentioned as not being pertinent in case concerning appeal from award in construction of a township road. Clay Township v. Pebley, 207 Kan. 59, 63, 483 P.2d 1101.

19. Appeal hereunder from denial of incorporation of city; decision upheld. In re Reincorporation of Piper City, 220 Kan. 6, 8, 551 P.2d 909.

20. Trial court had proper jurisdiction; action taken by board, legislative or administrative. Gonser v. Board of County Commissioners, 1 Kan. App. 2d 57, 58, 60, 562 P.2d 102.

21. Referred to in determining scope of review on appeal from school board decision limited by K.S.A. 60-2101. Brinson v. School District, 223 Kan. 465, 471, 576 P.2d 602.

22. Amendment of mandamus petition adding appeal pursuant to K.S.A. 19-2926 relates back to date of original petition. Affirmed. Martin Marietta Aggregates v. Board of Leavenworth County Comm'rs, 5 Kan. App. 2d 774, 777, 780, 781, 625 P.2d 516.

23. Time limit for filing appeal hereunder applicable to actions pursuant to K.S.A. 19-2913. Bolser v. Zoning Board for Aubry Township, 228 Kan. 6, 13, 612 P.2d 563; reversing 4 Kan. App. 2d 288, 605 P.2d 156.

24. Denial of claim by county commissioners is not a judicial or quasi-judicial function reviewable on appeal. Concannon v. Board of Linn County Comm'rs, 6 Kan. App. 2d 20, 21, 626 P.2d 798.

25. Action to test validity of conditional use permit barred because appeal not taken within thirty days after order of issuance. Amerine v. Board of Jefferson County Comm'rs, 7 Kan. App. 2d 491, 492, 493, 644 P.2d 477 (1982).

26. Board of county commissioners is proper party to appeal by city from denial of petition for annexation; lacks standing to challenge procedure as violative of due process rights of land owners. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 634, 640, 641, 640 P.2d 1212 (1982).

27. Special benefits from public improvements legislative in nature; section is not applicable when one appeals legislative-type decision of board. Dutoit v. Board of Johnson County Comm'rs, 233 Kan. 995, 998, 999, 667 P.2d 879 (1983).

28. Cited in holding that validity of city zoning ordinance reviewable only under K.S.A. 12-712; K.S.A. 60-1701 inapplicable. St. John v. City of Salina, 9 Kan. App. 2d 636, 638, 684 P.2d 464 (1984).

29. Cited; district court's limited scope of review of actions by board of county commissioners examined; "aggrieved person" defined. Linsea v. Board of Chase County Comm'rs, 12 Kan. App. 2d 657, 661, 753 P.2d 1292 (1988).

30. Adjoining landowner as having standing to seek review of decision on "island" annexation (K.S.A. 20-520c) examined. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 246 Kan. 412, 416, 789 P.2d 1170 (1990).

31. No right to appeal legislative acts of board; judicial redress limited to challenges of illegal, fraudulent, or oppressive conduct. Umbehr v. Board of Wabaunsee County Comm'rs, 252 Kan. 30, 38, 843 P.2d 176 (1992); reversing 16 Kan. App. 2d 512, 825 P.2d 1160 (1992).

32. Steps necessary to comply with procedural prerequisites of appealing a board decision examined. Justice v. Board of Wyandotte County Comm'rs, 17 Kan. App. 2d 102, 105, 835 P.2d 692 (1992).

33. Section inapplicable to appeals of legislative decisions of board of county commissioners; reorganization plan is legislative. Larson v. Ruskowitz, 252 Kan. 963, 965, 850 P.2d 253 (1993).

34. Decision of county commissioners as fence viewers under K.S.A. 29-201 appealable hereunder not K.S.A. 77-601; dismissed for lack of jurisdiction; K.S.A. 77-601 applies to state agencies. Kaplan v. Board of Johnson County Comm'rs, 269 Kan. 122, 3 P.3d 1270 (2000).

35. Plaintiff was not required to exhaust state judicial remedies before filing retaliatory termination claim. Woodard v. Bd. of County Com'rs of Jefferson, 108 F. Supp. 2d 1184, 1188 (2000).

36. Provision of statute governing appeals from decisions of board of county commissioners did not apply to the administrative decision by board of commissioners to levy tax against property for cleanup costs. Barnes v. Board of Cowley County Comm'rs, 293 Kan. 11, 259 P.3d 725 (2011).