KANSAS OFFICE of
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60-2101. Appellate jurisdiction of court of appeals and supreme court; appeal of order of political or taxing subdivision. (a) The court of appeals shall have jurisdiction to hear appeals from district courts, except in those cases reviewable by law in the district court and in those cases where a direct appeal to the supreme court is required by law. The court of appeals also shall have jurisdiction to hear appeals from administrative decisions where a statute specifically authorizes an appeal directly to the court of appeals from an administrative body or office. In any case properly before it, the court of appeals shall have jurisdiction to correct, modify, vacate or reverse any act, order or judgment of a district court to assure that any such act, order or judgment is just, legal and free of abuse. Appeals from the district court to the court of appeals in criminal cases shall be subject to the provisions of K.S.A. 22-3601 and 22-3602, and amendments thereto, and appeals from the district court to the court of appeals in civil actions shall be subject to the provisions of K.S.A. 60-2102, and amendments thereto.

(b) The supreme court shall have jurisdiction to correct, modify, vacate or reverse any act, order or judgment of a district court or court of appeals in order to assure that any such act, order or judgment is just, legal and free of abuse. An appeal from a final judgment of a district court in any civil action in which a statute of this state or of the United States has been held unconstitutional shall be taken directly to the supreme court. Direct appeals from the district court to the supreme court in criminal cases shall be as prescribed by K.S.A. 22-3601 and 22-3602, and amendments thereto. Cases appealed to the court of appeals may be transferred to the supreme court as provided in K.S.A. 20-3016 and 20-3017, and amendments thereto, and any decision of the court of appeals shall be subject to review by the supreme court as provided in subsection (b) of K.S.A. 20-3018, and amendments thereto, except that any party may appeal from a final decision of the court of appeals to the supreme court, as a matter of right, whenever a question under the constitution of either the United States or the state of Kansas arises for the first time as a result of such decision.

(c) As used in the code of civil procedure, the term "appellate court" means the supreme court or court of appeals, depending on the context in which such term is used and the respective jurisdiction of such courts over appeals in civil actions as provided in this section and K.S.A. 60-2102, and amendments thereto.

(d) A judgment rendered or final order made by a political or taxing subdivision, or any agency thereof, exercising judicial or quasi-judicial functions may be reversed, vacated or modified by the district court on appeal. If no other means for perfecting such appeal is provided by law, it shall be sufficient for an aggrieved party to file a notice that such party is appealing from such judgment or order with such subdivision or agency within 30 days of its entry, and then causing true copies of all pertinent proceedings before such subdivision or agency to be prepared and filed with the clerk of the district court in the county in which such judgment or order was entered. The clerk shall thereupon docket the same as an action in the district court, which court shall then proceed to review the same, either with or without additional pleadings and evidence, and enter such order or judgment as justice shall require. A docket fee shall be required by the clerk of the district court as in the filing of an original action.

History: L. 1963, ch. 303, 60-2101; L. 1974, ch. 168, § 7; L. 1975, ch. 178, § 27; L. 1976, ch. 251, § 29; L. 1977, ch. 112, § 24; L. 1984, ch. 338, § 29; July 1.

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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 460, 462, 399 P.2d 797.

8. Appeal perfected hereunder; filing notice. Ostler v. Nickel, 196 K. 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 K. 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 K. 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 K. 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 K. 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 K. 211, 254, 436 P.2d 982.

14. Appeal from waiver of jurisdiction under 38-808 must be heard de novo. In re Templeton, 202 K. 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 K. 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 K. 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 K. 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 K. 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 K. 340, 346, 454 P.2d 481.

20. Appeal taken under subsection (a) dismissed for want of jurisdiction. Will v. City of Herington, 205 K. 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 K. 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 K. 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 K. 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 K. 251, 326 P.2d 319.) Thompson v. Amis, 208 K. 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 K. 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 K. 754, 757, 508 P.2d 875.

28. Cited in construing 44-1011 as not imposing trial de novo in derogation of constitutional doctrine of separation of powers. Jenkins v. Newman Memorial County Hospital, 212 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 546, 549, 550, 551, 539 P.2d 1.

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

36. Provisions of 44-1011 requiring trial de novo do not violate constitutional separation of powers doctrine; scope of trial limited. Stephens v. Unified School District, 218 K. 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 K. 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 K. 351, 353, 355, 559 P.2d 367.

39. Denial of motion for summary judgment not appealable in 60-2102 (a)(3); interlocutory order; real estate title not involved. In re Estate of Ziebell, 2 K.A.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 K. 465, 466, 467, 468, 469, 470, 576 P.2d 602.

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

42. Applied; order declaring impasse under professional negotiations act not appealable. In re NEA-Topeka, Inc., 224 K. 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 K. 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 K. 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 K.A.2d 353, 354, 355, 579 P.2d 167.

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

47. Scope of review under subsection (d) pursuant to 72-5443 appeal discussed; district court may not substitute its judgment. Gillett v. U.S.D. No. 276, 227 K. 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 K. 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 K. 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 K. 161, 173, 605 P.2d 576.

51. Direct appeal hereunder; constitutionality of local police and fire pension statutes. Singer v. City of Topeka, 227 K. 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 K.A.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 K.A.2d 57, 58, 602 P.2d 544.

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

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

56. L. 1980, ch. 236, amending and repealing 74-2426, gives county taxing officials right of appeal from adverse ruling. Board of Greenwood County Comm'rs v. Nadel, 228 K. 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 K. 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 K. 272, 279, 624 P.2d 952.

59. Amendment of mandamus petition adding appeal pursuant to 19-2926 relates back to date of original petition. Martin Marietta Aggregates v. Board of Leavenworth County Comm'rs, 5 K.A.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 K.A.2d 71, 73, 74, 626 P.2d 1202.

61. District court without jurisdiction to enlarge appeal period of 26-508. City of Kansas City v. Crestmoore Downs, Inc., 7 K.A.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 K.A.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 60-2102. Skahan v. Powell, 8 K.A.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 K. 97, 100, 652 P.2d 679 (1982).

65. Cited in case upholding the constitutionality of 44-706. Leiker v. Employment Security Bd. of Review, 8 K.A.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 74-2426. Lakeview Village, Inc., v. Board of Johnson County Comm'rs, 232 K. 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 K. 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 K.A.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 K. 934, 936, 937, 677 P.2d 975 (1984).

70. Time for teacher to appeal decision not to renew contract under 72-5443 begins when notice submitted by mail. Atkinson v. U.S.D. No. 383, 235 K. 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 K. 443, 444, 691 P.2d 37 (1984).

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

73. Cited; sanctions imposed under 60-237 for failing to answer interrogatories (60-233) not appealable as interlocutory orders. Reed v. Hess, 239 K. 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 (8-259). In re Gantz, 10 K.A.2d 299, 300, 698 P.2d 385 (1985).

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

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

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

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

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

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

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

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

83. Cited; relationship between compliance with 60-258 (mailing entry of judgment) and extension provided by 60-206(e) examined. Danes v. St. David's Episcopal Church, 242 K. 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 K. 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 K. 522, 527, 759 P.2d 113 (1988).

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

87. Acts required of school board to provide teacher due process (72-5443) examined where hearing committee not unanimous in recommendation. Unruh v. U.S.D. No. 300, 245 K. 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 K.A.2d 361, 363, 790 P.2d 948 (1990).

89. Decisions of school boards sitting as quasi-judicial bodies appealable hereunder; judicial review act (77-601 et seq.) inapplicable. O'Hair v. U.S.D. No. 300, 15 K.A.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 K. 136, 137, 804 P.2d 987 (1991).

91. KJRA (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 K. 450, 468, 807 P.2d 652 (1991).

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

93. School board's role in reviewing decision of hearing committee on nonrenewal of tenured teacher examined (72-5436 et seq.). Loewen v. U.S.D. No. 411, 15 K.A.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 K.A.2d 512, 515, 516, 825 P.2d 1160 (1992).

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

96. Noted in opinion that no right to appeal legislative acts of county commissions exists under 19-223; what redress available examined. Umbehr v. Board of Wabaunsee County Comm'rs, 252 K. 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 K.A.2d 19, 23, 830 P.2d 1221 (1992).

98. School board held to be an aggrieved party with right of appeal under 72-5443. U.S.D. No. 380 v. McMillen, 252 K. 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 K. 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 K.A.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 K. 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 K. 499, 526, 867 P.2d 303 (1994).

103. Cited; whether house arrest constitutes imprisonment under 21-3405b(b)(2) examined. State v. Scherzer, 254 K. 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 K.A.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 K.A.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 K.A.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 K. 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 K.A.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 K.A.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 K.A.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 K.A.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 K. 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 (72-7436 et seq.) considered. U.S.D. No. 500 v. Robinson, 262 K. 357, 362, 940 P.2d 1 (1997).

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

116. No jurisdiction under subsection (b) hereof to hear appeal from trial court's partial order that 65-2872a unconstitutional. State ex rel. Board of Healing Arts v. Beyrle, 262 K. 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 K. 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 K.A.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 K. 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 K. 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 K. 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 K.A.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 K. 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 K.A.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 K. 223, 91 P.3d 1234 (2004).

126. Cited in dissenting opinion relating to motion to correct an alleged illegal sentence. State v. McCarley, 38 K.A.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 K. 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 K.A.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 K.A.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 K. 1112, 307 P.3d 1255 (2013).


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