Source or prior law:

(a). L. 1864, ch. 93, § 1; G.S. 1868, ch. 80, §§ 540, 541; L. 1909, ch. 182, § 564; R.S. 1923, 60-3301.

(b). L. 1865, ch. 53, § 1; G.S. 1868, ch. 80, § 542; L. 1901, ch. 278, § 1; L. 1907, ch. 256, § 1; L. 1909, ch. 182, § 565; L. 1915, ch. 187, § 1; R.S. 1923, 60-3302.

Revisor's Note:

1975 amendment to this section repealed prior to becoming effective by L. 1976, ch. 251, § 38.

Cross References to Related Sections:

Counterclaim and cross-claims, appealed or removed actions, see 60-213(j).

Grounds for appeal from limited actions, see 61-3901.

Law Review and Bar Journal References:

Provides right to review decisions of administrative boards, Kenton C. Granger, 14 K.L.R. 149, 159 (1965).

Discussed in detail in article on judicial review of administrative decisions, Kenton C. Granger, 33 J.B.A.K. 291 (1964).

Paragraph (b) cited in discussing formal requirements for notice of appeal, Robert C. Casad, 34 J.B.A.K. 20, 77 (1965).

Mentioned in discussing constitutionality of K.S.A. 8-259, Marion Beatty, 35 J.B.A.K. 15, 16, 60, 63 (1966).

"Mandamus—An Expanded Concept," Ralph W. Muxlow II, 8 W.L.J. 71, 72 (1968).

1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 468 (1969).

"Mandamus as an Appellate Device," Roger D. Stanton, 18 K.L.R. 383, 384 (1970).

Comment on use of mandamus to vacate interlocutory orders, 11 W.L.J. 491, 492 (1972).

"New Kansas Court of Appeals," Richard V. Lohman, 15 W.L.J. 194, 199 (1976).

"The Kansas Court of Appeals: A Response to Judicial Need," Paul E. Wilson, 25 K.L.R. 1, 17, 19 (1976).

"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 270, 272, 274 (1977).

Subsection (d) discussed in note, "Scope of Review of Administrative Agency Actions in Kansas," 17 W.L.J. 312, 313, 320, 327 (1978).

"Weather Modification," John E. Howe, 46 J.B.A.K. 35 (1977).

"Kansas Water Rights: More Recent Developments," Arno Windscheffel, 47 J.B.A.K. 217, 222 (1978).

"Administrative Law: Judicial Review of No Probable Cause Determinations," Jan E. Montgomery, 18 W.L.J. 335 (1979).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 192 (1979).

"Judicial Review of Administrative Action—Kansas Perspectives," David L. Ryan, 19 W.L.J. 423 (1980).

"Immunity From Suit on Implied Contract: Isn't It Time Kansas Entered the 20 th Century?" Mark A. Shaiken, 20 W.L.J. 557, 570 (1981).

"The Kansas Public Employer-Employee Relations Law," Raymond Goetz, 28 K.L.R. 243, 277, 282 (1980).

"Rethinking Kansas Administrative Procedure," Marilyn V. Ainsworth and Sidney A. Shapiro, 28 K.L.R. 419, 435, 438, 439, 441, 443, 444 (1980).

"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449, 462 (1981).

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

"Kansas Environmental Protection Law," Professor David Ryan, 51 J.K.B.A. 289, 296 (1982).

"Constitutional Law: Due Process Rights of Nontenured Public School Teachers Dismissed for Misconduct During the School Year," David W. Brooks, 23 W.L.J. 173, 179 (1983).

"Survey of Kansas Law: Real Property," Michael J. Davis, 32 K.L.R. 773 (1984).

"The New Kansas Administrative Procedure and Judicial Review Acts," David L. Ryan, 54 J.K.B.A. 53, 63, 66 (1985).

"Medicaid and Long-Term Institutional Care for the Victims of Catastrophic Disabling Illness," Patrick H. Donahue, 56 J.K.B.A. No. 8, 26, 35 (1987).

"Survey of Kansas Law: Administrative Law," Steve A. Leben, 37 K.L.R. 679, 694 (1989).

"Tort Law: Premises Liability: Kansas Bridges the Gap Between Licensee and Invitee [Jones v. Hansen, 867 P.2d 303 (Kan. 1994)]," Steve Cole, 34 W.L.J. 100, 104 (1994).

"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).

"Writing to the Kansas appellate courts: a lesson in appellate jurisdiction," Autumn Fox, 69 J.K.B.A. No. 4, 32 (2000).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

Attorney General's Opinions:

Teacher's contracts; supplemental salary plan; waiver of certain constitutional rights. 86-12.

Cities' powers of home rule; human relations commission. 86-90.

Policy of evaluation of certificated school personnel; legislative intent. 90-133.

Teachers' contracts; due process; contract termination; testimony and records; allocation of costs. 92-44.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3301, 60-3302 and the 1961 Supp. thereto.

1. Unsuccessful motion to strike pleading is not appealable. Materi v. Spurrier, 192 Kan. 291, 292, 387 P.2d 221.

2. No purpose in reviewing cases determining "final order" or phrase "merits of the action or some parts thereof"; sections repealed by new code. Connell v. State Highway Commission, 192 Kan. 371, 373, 374, 375, 388 P.2d 637.

3. Mentioned; trial court's order vacating default judgment not final. Whitaker v. Continental Casualty Co., 192 Kan. 705, 707, 391 P.2d 309.

4. Rulings on motion to strike are not appealable unless final, affect substantial right or determine action. Bobo v. Mutual of Omaha Mutual Benefit Health & Accident Assn., 193 Kan. 465, 468, 395 P.2d 317.

5. Order denying motion to set aside default judgment is final and therefore appealable. Williams v. State Highway Commission, 194 Kan. 18, 23, 397 P.2d 341.

6. Orders overruling motion to make definite and certain and sustaining motion for pretrial conference not final. Heise v. Thomas, 194 Kan. 240, 241, 398 P.2d 350.

7. Mentioned; plaintiff filed amended petition, rather than appeal order sustaining demurrer; held no error in striking amended petition. Grohusky v. Atlas Assurance Co., 194 Kan. 460, 462, 399 P.2d 797.

8. Appeal perfected hereunder; filing notice. Ostler v. Nickel, 196 Kan. 477, 478, 413 P.2d 303.

9. Proceeding hereunder; constitutionality of revocation or suspension of driver's license under K.S.A. 8-259a upheld. Lira v. Billings, 196 Kan. 726, 727, 414 P.2d 13.

10. Court's review of driver's license suspension limited to approval or disapproval. Beckley v. Motor Vehicle Department, 197 Kan. 289, 294, 416 P.2d 750.

11. Court should not refuse original proceedings in mandamus where it is the only remedy and necessary to comply herewith. Muck, Administratrix v. Claflin, 197 Kan. 594, 596, 419 P.2d 1017.

12. Failure to make timely appeal from trial court order does not prevent subsequent review of ruling in appeal from final judgment; prior law mentioned. Caywood v. Board of County Commissioners, 200 Kan. 134, 136, 434 P.2d 780.

13. Distinction between the review of a case under subsection (b) and determination of validity of a judgment through original proceedings in mandamus (dissenting opinion). Mobil Oil Corporation v. McHenry, 200 Kan. 211, 254, 436 P.2d 982.

14. Appeal from waiver of jurisdiction under K.S.A. 38-808 must be heard de novo. In re Templeton, 202 Kan. 89, 447 P.2d 158.

15. Appeal from juvenile court order waiving jurisdiction must be heard and disposed of de novo. In re Long, 202 Kan. 216, 217, 218, 448 P.2d 25.

16. Expanded jurisdiction over appeals from judicial bodies lies only where district court had original jurisdiction in first instance. Lauber v. Firemen's Relief Association, 202 Kan. 564, 572, 573, 451 P.2d 488.

17. Jurisdiction of district court to review administrative matters not enlarged beyond previous limitations; section does not authorize district court to consider appeal from administrative agency or tribunal in a trial de novo. Lauber v. Firemen's Relief Association, 202 Kan. 564, 572, 573, 451 P.2d 488.

18. Habeas corpus appropriate remedy to review action by board of probation and parole. Johnson v. Stucker, 203 Kan. 253, 259, 453 P.2d 35.

19. Applied; appeal from action of board of trustees of retirement system; pretrial conference; summary judgment upheld. Goetz v. Board of Trustees, 203 Kan. 340, 346, 454 P.2d 481.

20. Appeal taken under subsection (a) dismissed for want of jurisdiction. Will v. City of Herington, 205 Kan. 422, 423, 469 P.2d 256.

21. On appeal from a decision of an administrative agency a court cannot hear the matter de novo and substitute its own judgment for that of the agency in matters other than law or essential judicial matters. Neeley v. Board of Trustees, Policemen's & Firemen's Retirement System, 205 Kan. 780, 782, 783, 784, 473 P.2d 72.

22. Cited; no suggestion of mootness by parties or from the record. In re Estate of Barnett, 207 Kan. 484, 486, 485 P.2d 1290.

23. Order of state appeals committee of state department of social welfare denying welfare benefits is judicial or quasi-judicial within meaning of statute. Powers v. State Department of Social Welfare, 208 Kan. 605, 607, 608, 609, 610, 611, 493 P.2d 590.

24. State civil service board exercises quasi-judicial functions and its orders are appealable to district court. (Overrules Grey v. Jenkins, 183 Kan. 251, 326 P.2d 319.) Thompson v. Amis, 208 Kan. 658, 660, 661, 662, 663, 493 P.2d 1259.

25. Any adverse decision rendered in state district court is appealable to the state Supreme Court under provisions of statute. Northern Natural Gas Company v. Wilson, 340 F. Supp. 1126, 1129.

26. Appeal to district court is exclusive remedy from adverse rulings of state appeals committee of state board of social welfare. Gordon v. Harder, 211 Kan. 611, 507 P.2d 341.

27. Cited; section provides proper remedy for persons deprived of rights under social welfare act. VanValkenburgh v. State Board of Social Welfare, 211 Kan. 754, 757, 508 P.2d 875.

28. Cited in construing K.S.A. 44-1011 as not imposing trial de novo in derogation of constitutional doctrine of separation of powers. Jenkins v. Newman Memorial County Hospital, 212 Kan. 92, 99, 510 P.2d 132.

29. District court review of administrative tribunal's order limited to questions of law; order unsupported by substantial evidence is tantamount to arbitrary, oppressive or capricious action. Neeley v. Board of Trustees, Policemen's & Firemen's Retirement System, 212 Kan. 137, 138, 510 P.2d 160.

30. State has no right of appeal from juvenile court order declining to waive its original jurisdiction. In re Waterman, 212 Kan. 826, 832, 512 P.2d 466.

31. Appeal hereunder challenging constitutionality of statutes pertaining to school expulsion and due process violations. Smith v. Miller, 213 Kan. 1, 4, 514 P.2d 377.

32. Cited in action challenging issuance of occupancy permit for professional office in zoned residential area. Weeks v. City of Bonner Springs, 213 Kan. 622, 633, 518 P.2d 427.

33. Cited; appellant not entitled to trial de novo in district court from order revoking license to practice optometry. Copeland v. Kansas State Board of Examiners in Optometry, 213 Kan. 741, 742, 518 P.2d 377.

34. Appeal from administrative agency decision properly taken to district court is further appealable from district court to supreme court. Olathe Hospital Foundation, Inc. v. Extendicare, Inc., 217 Kan. 546, 549, 550, 551, 539 P.2d 1.

35. Failure to exhaust administrative remedy under K.S.A. 25-2204 precluded challenging assessment of expense; mandamus action. State, ex rel., v. Unified School District, 218 Kan. 47, 50, 51, 542 P.2d 664.

36. Provisions of K.S.A. 44-1011 requiring trial de novo do not violate constitutional separation of powers doctrine; scope of trial limited. Stephens v. Unified School District, 218 Kan. 220, 232, 233, 546 P.2d 197.

37. Timely notice of appeal filed; delayed payment of docket fee not prejudicial to adverse party. Avco Financial Services v. Caldwell, 219 Kan. 59, 60, 547 P.2d 756.

38. Board exercising quasi-judicial function issued reprimand; aggrieved party's remedy was appeal hereunder. Schulze v. Board of Education, 221 Kan. 351, 353, 355, 559 P.2d 367.

39. Denial of motion for summary judgment not appealable in K.S.A. 60-2102 (a)(3); interlocutory order; real estate title not involved. In re Estate of Ziebell, 2 Kan. App. 2d 99, 575 P.2d 574.

40. Scope of review utilized by district court on appeal from school board decision not authorized; limitations stated. Brinson v. School District, 223 Kan. 465, 466, 467, 468, 469, 470, 576 P.2d 602.

41. Appeal from KCCR determination governed by K.S.A. 44-1011; appeal hereunder not possible. Bush v. City of Wichita, 223 Kan. 651, 654, 576 P.2d 1071.

42. Applied; order declaring impasse under professional negotiations act not appealable. In re NEA-Topeka, Inc., 224 Kan. 582, 584, 581 P.2d 1187.

43. Construed and applied; city employee denied fair hearing on claim for disability pension. Le Counte v. City of Wichita, 225 Kan. 48, 50, 51, 52, 53, 54, 55, 587 P.2d 310.

44. Inapplicable to breach of teacher's employment contract action; no evidentiary hearing provided; district court de novo hearing required. Boatright v. Board of Trustees of Butler Co. Jr. College, 225 Kan. 327, 330, 590 P.2d 1032.

45. Appeal from pre-trial order denying motion for discharge on grounds of double jeopardy dismissed; not appealable order. State v. Fisher, 2 Kan. App. 2d 353, 354, 355, 579 P.2d 167.

46. Appeal from election contest order dismissing action not available hereunder; governed by K.S.A. 25-308; properly dismissed. Hiett v. Brier, 2 Kan. App. 2d 610, 611, 612, 613, 586 P.2d 55.

47. Scope of review under subsection (d) pursuant to K.S.A. 72-5443 appeal discussed; district court may not substitute its judgment. Gillett v. U.S.D. No. 276, 227 Kan. 71, 73, 77, 78, 79, 605 P.2d 105.

48. County taxing officials have no right of appeal hereunder from order of board of tax appeals favorable to taxpayer. Board of Johnson County Comm'rs v. Ameq, Inc., 227 Kan. 93, 94, 95, 96, 605 P.2d 119.

49. Subsection (d) not applicable to appeals where special statute provided by legislature; K.S.A. 74-2426 provides for appeals from board of tax appeals. In re Lakeview Gardens, Inc., 227 Kan. 161, 164, 166, 167, 168, 169, 170, 172, 173, 605 P.2d 576.

50. Subsection (d) confers jurisdiction upon district courts for appeals from administrative board exercising judicial or quasi-judicial functions (dissenting opinion). In re Lakeview Gardens, Inc., 227 Kan. 161, 173, 605 P.2d 576.

51. Direct appeal hereunder; constitutionality of local police and fire pension statutes. Singer v. City of Topeka, 227 Kan. 356, 357, 607 P.2d 467.

52. Subsection (d) construed and applied; school closing decision by board of education is not a judicial function and not appealable. Linnens v. Board of Education of U.S.D. No. 408, 3 Kan. App. 2d 662, 663, 600 P.2d 152.

53. Mentioned; order of district court denying plaintiff's motion to restore his appeal to district court's docket affirmed. Alexander v. State Dept. of Social & Rehab. Serv., 4 Kan. App. 2d 57, 58, 602 P.2d 544.

54. Time limit for filing appeal under this section inapplicable to actions commenced pursuant to K.S.A. 19-2913. Bolser v. Zoning Board of Aubry Township, 4 Kan. App. 2d 288, 289, 290, 291, 605 P.2d 156. Reversed: 228 Kan. 6, 612 P.2d 563.

55. Statute inapplicable to appeals taken under K.S.A. 19-2913. Bolser v. Zoning Board for Aubry Township, 228 Kan. 6, 7, 8, 9, 15, 612 P.2d 563.

56. L. 1980, ch. 236, amending and repealing K.S.A. 74-2426, gives county taxing officials right of appeal from adverse ruling. Board of Greenwood County Comm'rs v. Nadel, 228 Kan. 469, 471, 480, 618 P.2d 778.

57. Subsection (d) does not give a city standing to challenge the annexation procedures of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 774, 778, 620 P.2d 1153.

58. Creditor of insolvent corporation cannot maintain personal action on own behalf against directors or officers who breach duty by negligent mismanagement. Speer v. Dighton Grain, Inc., 229 Kan. 272, 279, 624 P.2d 952.

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

60. Teacher not limited to appeal under this section but could pursue breach of contract remedies. Speece v. U.S.D. No. 420, 6 Kan. App. 2d 71, 73, 74, 626 P.2d 1202.

61. District court without jurisdiction to enlarge appeal period of K.S.A. 26-508. City of Kansas City v. Crestmoore Downs, Inc., 7 Kan. App. 2d 515, 518, 644 P.2d 494 (1982).

62. Review of any decision of quasi-judicial body must be by appeal, not by declaratory judgment action. Ratley v. Sheriff's Civil Service Board, 7 Kan. App. 2d 638, 641, 642, 646 P.2d 1133 (1982).

63. Order disqualifying out-of-state attorney is final decision from which an appeal may be perfected under K.S.A. 60-2102. Skahan v. Powell, 8 Kan. App. 2d 204, 205, 653 P.2d 1192 (1982).

64. Discharged state employees did not exhaust administrative process, district court did not have jurisdiction. Pecenka v. Alquest, 232 Kan. 97, 100, 652 P.2d 679 (1982).

65. Cited in case upholding the constitutionality of K.S.A. 44-706. Leiker v. Employment Security Bd. of Review, 8 Kan. App. 2d 379, 381, 659 P.2d 236 (1983).

66. Section does not authorize appeals from orders of board of tax appeals; appeals therefrom governed exclusively by K.S.A. 74-2426. Lakeview Village, Inc., v. Board of Johnson County Comm'rs, 232 Kan. 711, 715, 722, 659 P.2d 187 (1983).

67. District court did not weigh evidence as to its preponderance; supreme court is on equal footing with district court; record reviewed and decision is affirmed under either substantial evidence or preponderance test. In re Due Process Hearing of Bailey, 233 Kan. 714, 721, 664 P.2d 1379 (1983).

68. When notice of school board's decision not to rehire is mailed, time for appeal begins and three-day extension for service by mail applies. Atkinson v. U.S.D. No. 383, 9 Kan. App. 2d 175, 178, 675 P.2d 917 (1984).

69. Failure to plead appeal being taken under this section did not defeat court jurisdiction; procedure for filing copies of proceedings appealed from considered. Halford v. City of Topeka, 234 Kan. 934, 936, 937, 677 P.2d 975 (1984).

70. Time for teacher to appeal decision not to renew contract under K.S.A. 72-5443 begins when notice submitted by mail. Atkinson v. U.S.D. No. 383, 235 Kan. 793, 797, 684 P.2d 424 (1984).

71. Where administrative tribunal met all three criteria on appeal, court erred in substituting its judgment. In re Residency Application of Bybee, 236 Kan. 443, 444, 691 P.2d 37 (1984).

72. Cited; term "regulation" in K.S.A. 12-712 includes actions on special use permits and provides procedures for obtaining appellate review. Sprint Print, Inc. v. City of Overland Park, 238 Kan. 230, 231, 235, 708 P.2d 210 (1985).

73. Cited; sanctions imposed under K.S.A. 60-237 for failing to answer interrogatories (K.S.A. 60-233) not appealable as interlocutory orders. Reed v. Hess, 239 Kan. 46, 53, 716 P.2d 555 (1986).

74. Cited; extensive review of administrative appeal statutes where issue was service on appeal of driver's license suspension (K.S.A. 8-259). In re Gantz, 10 Kan. App. 2d 299, 300, 698 P.2d 385 (1985).

75. Appeals under K.S.A. 55-606 (KCC matters) go directly to supreme court, despite provisions hereunder. Northwest Cent. Pipeline Corp. v. Kansas Corp. Comm'n, 237 Kan. 248, 268, 699 P.2d 1002 (1985).

76. Noted; powers granted under K.S.A. 12-6a01 et seq. (general improvement and assessment law) examined. Madden v. City of Lenexa, 239 Kan. 397, 721 P.2d 261 (1986).

77. Cited; differences between K.S.A. 22-3504 and 60-1507 examined; purpose of K.S.A. 22-3504(2) is to minimize difficulties encountered in a K.S.A. 60-1507 action. State v. Thomas, 239 Kan. 457, 458, 460, 720 P.2d 1059 (1986).

78. Cited; failure to seek judicial review of teacher employment termination under K.S.A. 72-5436 et seq., precludes complaint under discrimination act (K.S.A. 44-1001 et seq.). Neunzig v. Seaman U.S.D. No. 345, 239 Kan. 654, 657, 662, 722 P.2d 569 (1986).

79. Cited; K.S.A. 21-3734(1)(c) (impairing security interest) does not violate Kansas constitution's prohibition against imprisonment for debt. State v. Jones, 241 Kan. 627, 739 P.2d 933 (1987).

80. Cited; constitutionality of statute on debtor depriving creditor of creditor's own money (K.S.A. 21-3734 (1)(c)) examined. State v. Jones, 242 Kan. 385, 386, 748 P.2d 839 (1988).

81. Cited; order denying motion to compel arbitration (K.S.A. 5-402) appealable as a matter of right noted. Kansas Gas & Electric Co. v. Kansas Power & Light Co., 12 Kan. App. 2d 546, 549, 751 P.2d 146 (1988).

82. Cited; right of teacher to file independent action when due process requirements of K.S.A. 72-5443 (Ensley, 1980) not completed examined. Leaming v. U.S.D. No. 214, 242 Kan. 743, 751, 750 P.2d 1041 (1988).

83. Cited; relationship between compliance with K.S.A. 60-258 (mailing entry of judgment) and extension provided by K.S.A. 60-206(e) examined. Danes v. St. David's Episcopal Church, 242 Kan. 822, 826, 752 P.2d 653 (1988).

84. Power to "correct" would appear to give appellate court power to allow additur with consent of defendant. Rood v. Kansas City Power & Light Co., 243 Kan. 14, 19, 755 P.2d 502 (1988).

85. Cited; proper statute to challenge city ordinance rezoning property, timeliness of notice of appeal, effective date of ordinance examined. Davis v. City of Leavenworth, 243 Kan. 522, 527, 759 P.2d 113 (1988).

86. Adequacy of teacher's notice of appeal to school board (K.S.A. 72-5443) through board's counsel, time to perfect appeal determined. Butler v. U.S.D. No. 440, 244 Kan. 458, 461, 462, 769 P.2d 651 (1989).

87. Acts required of school board to provide teacher due process (K.S.A. 72-5443) examined where hearing committee not unanimous in recommendation. Unruh v. U.S.D. No. 300, 245 Kan. 35, 39, 775 P.2d 171 (1989).

88. State historic preservation officer's authority as not denying due process, owner's requirements regarding alternatives examined. Allen Realty, Inc. v. City of Lawrence, 14 Kan. App. 2d 361, 363, 790 P.2d 948 (1990).

89. Decisions of school boards sitting as quasi-judicial bodies appealable hereunder; judicial review act (K.S.A. 77-601 et seq.) inapplicable. O'Hair v. U.S.D. No. 300, 15 Kan. App. 2d 52, 57, 805 P.2d 40 (1991).

90. Greater leeway in constitutional challenge of statute regulating business than criminal statute noted. Armored Services, Inc. v. City of Wichita, 248 Kan. 136, 137, 804 P.2d 987 (1991).

91. KJRA (K.S.A. 77-601 et seq.) now appropriate provision for initiating appeals from university residence committee decisions. Peck v. University Residence Committee of Kansas State Univ., 248 Kan. 450, 468, 807 P.2d 652 (1991).

92. Where action duly revived (K.S.A. 60-225), appellate decision, if any, noted as final judgment perfecting demand against estate (K.S.A. 59-2238). In re Estate of Rains, 249 Kan. 178, 183, 815 P.2d 61 (1991).

93. School board's role in reviewing decision of hearing committee on nonrenewal of tenured teacher examined (K.S.A. 72-5436 et seq.). Loewen v. U.S.D. No. 411, 15 Kan. App. 2d 612, 615, 813 P.2d 385 (1991).

94. Increase in landfill rates is a legislative action; appeal therefrom not subject to this section; appeal to court under its equitable powers. Umbehr v. Board of Wabaunsee County Comm'rs, 16 Kan. App. 2d 512, 515, 516, 825 P.2d 1160 (1992).

95. Effect of partial adjudication of claims examined where final judgment not entered pursuant to K.S.A. 60-254(b); school's obligation to student considered. Honeycutt v. City of Wichita, 251 Kan. 451, 459, 836 P.2d 1128 (1992).

96. Noted in opinion that no right to appeal legislative acts of county commissions exists under K.S.A. 19-223; what redress available examined. Umbehr v. Board of Wabaunsee County Comm'rs, 252 Kan. 30, 36, 843 P.2d 176 (1992).

97. Noted in holding that where defendant agrees to additur, plaintiff need not consent nor will new trial be granted. Dixon v. Prothro, 17 Kan. App. 2d 19, 23, 830 P.2d 1221 (1992).

98. School board held to be an aggrieved party with right of appeal under K.S.A. 72-5443. U.S.D. No. 380 v. McMillen, 252 Kan. 451, 455, 456, 854 P.2d 676 (1993).

99. Tenured teacher's right to continuation of salary pending pretermination hearing following notice of intent to nonrenew contract examined. McMillen v. U.S.D. No. 380, 253 Kan. 259, 261, 855 P.2d 896 (1993).

100. Appeals to court of appeals from district court's final decision except where direct appeals to supreme court required examined. In re T.D.W., 18 Kan. App. 2d 286, 288, 850 P.2d 947 (1993).

101. Noted in discussion of division of qualified domestic relations order in divorce proceeding. In re Marriage of Cray, 254 Kan. 376, 392, 867 P.2d 291 (1994).

102. Cited in dissent's discussion of whether premises liability classification issue was properly preserved for appeal. Jones v. Hansen, 254 Kan. 499, 526, 867 P.2d 303 (1994).

103. Cited; whether house arrest constitutes imprisonment under K.S.A. 21-3405b(b)(2) examined. State v. Scherzer, 254 Kan. 926, 930, 869 P.2d 729 (1994).

104. Whether board of education or hearing committee is the fact finder given deference on review examined. U.S.D. No. 434 v. Hubbard, 19 Kan. App. 2d 323, 325, 868 P.2d 1240 (1994).

105. Whether district court lacks jurisdiction when party fails to perfect appeal pursuant to section examined. Francis v. U.S.D. No. 457, 19 Kan. App. 2d 476, 477, 481, 871 P.2d 1297 (1994).

106. Whether multiple administrative complaints or notices may be filed until appeal to district court is taken examined. Dallinga v. Center Township, 19 Kan. App. 2d 482, 483, 871 P.2d 1293 (1994).

107. Whether rape sentence where victim and defendant related should be vacated and remanded for aggravated incest resentencing examined. State v. Rowell, 256 Kan. 200, 214, 883 P.2d 1184 (1994).

108. Whether school board's nonrenewal of tenured administrator's contract was quasi-judicial function appealable to district court examined. Allen v. U.S.D. No. 436, 19 Kan. App. 2d 873, 878 P.2d 223 (1994).

109. Whether appellate court has jurisdiction to review hearing officer's order not reviewed by district court examined. In re Marriage of Bock, 20 Kan. App. 2d 218, 219, 885 P.2d 400 (1994).

110. Whether city council's decision was appealable final determination or order examined. Historic Preservation Alliance, Inc. v. City of Wichita, 20 Kan. App. 2d 721, 722, 892 P.2d 518 (1995).

111. Whether appeal from order revising and amending liquidation order is appealable order examined. In re Liquidation of Nat'l Colonial Ins. Co., 20 Kan. App. 2d 802, 803, 892 P.2d 926 (1995).

112. Whether petitioner had right to notice and hearing before state supreme court corrected clerical error in order examined. Dye v. Kansas State Supreme Court, 48 F.3d 487, 490 (1995).

113. School board decision to nonrenew administrator's contract is not a quasi-judicial proceeding; judicial review precluded. Brown v. U.S.D. No. 333, 261 Kan. 134, 137, 153, 157, 928 P.2d 57 (1996).

114. Appropriate standard of review for hearing officer's decision on termination under due process procedure act (K.S.A. 72-7436 et seq.) considered. U.S.D. No. 500 v. Robinson, 262 Kan. 357, 362, 940 P.2d 1 (1997).

115. Enhanced sentence under K.S.A. 21-4504 presumed regular and valid absent showing defendant did not have benefit of counsel at prior conviction. State v. Patterson, 262 Kan. 481, 483, 939 P.2d 909 (1997).

116. No jurisdiction under subsection (b) hereof to hear appeal from trial court's partial order that K.S.A. 65-2872a unconstitutional. State ex rel. Board of Healing Arts v. Beyrle, 262 Kan. 507, 941 P.2d 371 (1997).

117. Nunc pro tunc order changing consecutive sentence to concurrent illegal where court otherwise lacked jurisdiction notwithstanding parties agreement. State v. Vanwey, 262 Kan. 524, 941 P.2d 365 (1997).

118. Review by school board concerning teacher compensation ruled not quasi-judicial for statute of limitations purposes. Schmidt v. U.S.D. No. 322, 24 Kan. App. 2d 643, 645, 951 P.2d 960 (1997).

119. Federal claim alleged against state district judges properly dismissed for lack of subject matter jurisdiction. Smith v. State, 264 Kan. 348, 354, 955 P.2d 1293 (1998).

120. Trial court holding that plaintiffs did not have to exhaust administrative remedies when remedy was inadequate upheld. NEA-Coffeyville v. U.S.D. No. 445, 268 Kan. 384, 390, 996 P.2d 821 (2000).

121. Appellate courts may act upon any action of district court in order to assure that any such act, order or judgment is just, legal and free of issue. State v. Ransom, 268 Kan. 653, 999 P.2d 272 (2000).

122. Owner of property abutting a public road has a private property right in access to that road; board's finding of no damages upon vacating two roads because a third road was contiguous to plaintiff's property was arbitrary. Davenport Pasture LP v. Board of Morris County Comm'rs., 31 Kan. App. 2d 217, 62 P.3d 699 (2003).

123. Court has no jurisdiction as order appealed from is not a final order. Plains Petroleum Co. v. First Nat'l Bank of Lamar, 274 Kan. 74, 49 P.3d 432 (2002).

124. Appellate court modifies trial court's holding that noncompetition covenant should be enforced against physician-surgeon. Graham v. Cirocco, 31 Kan. App. 2d 563, 69 P.3d 194 (2003).

125. City may not sell paving materials to private persons when nongovernmental supplier is readily available. Heckert Construction Co. v. City of Ft. Scott, 278 Kan. 223, 91 P.3d 1234 (2004).

126. Cited in dissenting opinion relating to motion to correct an alleged illegal sentence. State v. McCarley, 38 Kan. App. 2d 165, 180, 166 P.3d 418 (2007).

127. Mentioned in case under Kansas historical preservation act; denial of demolition permit violated first amendment rights. Mount St. Scholastica v. City of Atchison, Kansas, 482 F. Supp. 2d 1281, 1290 (2007).

128. Cited; trial court had jurisdiction to correct illegal sentence that favored defendant. State v. McCarley, 287 Kan. 167, 173, 175, 195 P.3d 230 (2008).

129. Cited; county vacated county roads and determined damages to landowners, district court appeal upheld award and constitutionality of statutes. Davenport Pastures v. Board of Morris County Comm'rs, 40 Kan. App. 2d 648, 649, 653, 657, 661-663, 194 P.3d 1201 (2008).

130. The statute controls procedures of this action, not the Kansas judicial review act. Medina v. Wichita Police & Fire Retirement Bd. of Trustees, 43 Kan. App. 2d 806, 232 P.3d 342 (2010).

131. The district court's scope of review is limited when political subdivision exercises judicial or quasi-judicial functions. Friends of Bethany Place v. City of Topeka, 297 Kan. 1112, 307 P.3d 1255 (2013).

132. Kansas Supreme Court has jurisdiction over appeals from district court judgments upholding or reversing the validity of restitution orders imposed in murder in the first degree convictions. State v. Bailey, 317 Kan. 487, 489, 531 P.3d 520 (2023).

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