GREEN, J. In this civil enforcement action, Lindemuth, Inc., appeals the trial court's decision to enforce the administrative order entered by the Kansas Department of Health and Environment (KDHE). On appeal, Lindemuth argues that the trial court erred in finding that the term "accounting" is synonymous with the term "invoice." We disagree. Accordingly, we affirm. Administrative Action On July 23, 2004, KDHE issued an Administrative Order that required Lindemuth to reimburse "Response...
GREENE, C.J. EOG Resources, Inc. (EOG) appeals a decision of the Kansas Court of Tax Appeals (COTA) establishing the value for ad valorem tax purposes of six oil and gas leasehold interests located in Seward County (County) for tax years 2007 and 2008. EOG argues that COTA erred as a matter of law or acted in a manner that was arbitrary, capricious, and unreasonable by failing to exclude the phenomena of flush production in determining either the annual production rate or the proper rate of...
LEBEN, J. When Wheatland Electric Cooperative asked the Division of Water Resources to change characteristics of the company's water rights, the Division approved the changes but limited the amount of water that Wheatland could use under the rights. The district court that reviewed the Division's decision remanded the case to the Division to reconsider the rights' consumptive-use limitation, and the Division then initiated abandonment proceedings and terminated the unused portions of those...
MARQUARDT, J.: Michael Maurer appeals the district court's decisions of March 30, 2010, and January 8, 2009, terminating his employment with the Johnson County Sheriff's Department. We affirm. On July 26, 2007, while Master Deputy Mike Maurer was driving from Topeka to the Johnson County Sheriff's Department with Deputy Darrin Eddy, a horsefly got into the police car. Maurer tossed a 5-pound notebook that had metal corners on it at the windshield trying to kill the horsefly. Immediately after...
ARNOLD-BURGER, J. This was a class action lawsuit brought by Freebird, Inc. (Freebird) against Cimarex Energy Co. (Cimarex) for the underpayment of gas royalties. Cimarex and Freebird were able to reach a settlement agreement for $3.45 million. Chesapeake Energy Corporation (Chesapeake), an affected royalty owner and class action participant, appeals the district court's award of a one-third contingent fee to class counsel and a 1% incentive award to the class representative. Finding that the...
LEBEN, J. J.A. Tobin Construction Company, a Missouri corporation, asked the district court to set aside the tax sale of a vacant lot that it owned in Kansas because the company was improperly served notice of the sale. The county had tried to personally serve the corporation that Tobin Construction had merged with, Rosedale Development Company, but when that proved unsuccessful, the county resorted to serving Rosedale Development by publication. The district court found that publication...
GREENE, C.J. James Baggett and a group of similarly situated individual landowners (Baggett Group) appeal the district court's decision to affirm the approval by the Board of Douglas County Commissioners (Board) of an island annexation of property to the City of Lawrence (City). The Baggett Group argues the district court erred by permitting the intervention of the developer of the property to be annexed and by failing to enforce certain discovery against that intervenor. They also...
GREENE, C.J. Gerald and Kyle Lightner (the defendants) appeal the district court's judgments against them and in favor of their sister and plaintiff, Irma Lightner, for $264,951 as well as their brothers and interveners, Robert and Lloyd Lightner for a combined total of $895,786, as well as costs, after a bench trial of Irma's claims that Gerald and Kyle engaged in a breach of fiduciary duty and self-dealing in their respective capacities as officers and directors of D. Lightner Farms, Inc. (...
GREEN, J. E. Leon Daggett appeals from the trial court's ruling in favor of the Board of Public Utilities (BPU) on his breach of contract claim. On appeal, the BPU argues that this court does not have jurisdiction to hear this appeal because Daggett failed to timely file his appeal. We disagree. Daggett contends that the BPU breached the settlement agreement when it failed to ensure that Daggett received the benefit of its contributions to the pension plan. We agree. Accordingly, we reverse...
GREEN, J. BNSF Railway Company (BNSF) challenges a jury verdict in favor of Luis Vallejo, who injured his back while working for BNSF. On appeal, Vallejo contends that this court does not have jurisdiction to hear this case. We disagree. In challenging the jury verdict, BNSF alleges that the trial court erred in failing to give a jury instruction on contributory negligence. We agree. Accordingly, we reverse and remand for a new trial. BNSF also argues that the trial court erred in giving a...
LEBEN, J. A member of the jury that convicted Eric L. Bell of rape had a rape charge pending against him when he was selected to serve on the jury—a fact that the juror intentionally concealed when all jurors were asked whether any had "ever been arrested before, for anything." Bell filed a habeas-corpus motion under K.S.A. 60-1507 seeking a new trial, but the district court denied it because Bell hadn't shown specifically that this juror acted differently because of the pending rape charge...
ARNOLD-BURGER, J. Irvin A. Crone and Carolyn Crone commenced an action to quiet title to 48.5 acres in Barton County (disputed land) to which Fred Nuss and Magdalene Hott (Magdalene Hott is deceased, hereinafter the Hott Trust), and others, hold the deed. The Crones claim ownership by adverse possession. The Crones appeal the trial court's determination that they did not present sufficient evidence to establish their right to title by adverse possession. Finding that the trial court did not...
STANDRIDGE, J. Robert A. Bazin (Robert) and Bazin Excavating, Inc. (Bazin Excavating) appeal the district court's decision to grant summary judgment in favor of Stanley Bank (Bank) in this dispute over proceeds from the sale of a 2006 GMC Yukon, which was seized by Bazin Excavating in order to satisfy a judgment despite the Bank's purchase money security interest in the truck. For the reasons stated below, we affirm in part, reverse in part, and remand with directions. Facts In early 2006,...
MALONE, J. Lyndol Johnson appeals his convictions of felony possession of marijuana and misdemeanor possession of drug paraphernalia. Johnson claims: (1) The district court erred in denying his motion to suppress evidence because law enforcement officers extended a traffic stop without reasonable suspicion and arrested Johnson without probable cause; (2) the district court erred in denying his motion to suppress evidence obtained as a result of a Miranda violation; (3) the district court...
McANANY, J. In a display of entrepreneurial optimism, Mike A. Fox, Don and Linda Julian, and Jeff Horn formed Canyon Creek Development, LLC, and American Land Investments, LLC, in 2004 for the purpose of developing residential real estate in Johnson County. Fox held a 50% position in both LLCs. The remaining half interest in Canyon Creek was shared equally by Don Julian and Jeff Horn. The remaining half interest in American Land Development was similarly shared, but with the Julian 25%...
GREENE, C.J. Tina C. Rausch appeals the denial by the Workers Compensation Board (Board) of her claim for benefits, arguing the Board failed to observe the proper standard of review in reversing the award of the administrative law judge (ALJ). We conclude there was no error and that the Board's findings are adequately supported by the evidence in the record as a whole. We thus affirm the Board. FACTUAL AND PROCEDURAL BACKGROUND Rausch was employed by Sears Roebuck & Company (Sears) in...
STANDRIDGE, J. Stephen Bernard Foster appeals his convictions and sentences for one count each of forgery, attempted theft, and possession of marijuana, arguing that there was insufficient evidence to support the conviction of forgery and that the district court erred in failing to give the jury an accomplice instruction. Foster also argues that the district court violated his Sixth and Fourteenth Amendment rights to the United States Constitution by enhancing his sentences based upon his...
GREEN, J. This litigation arises out of a Loan Agreement for the construction of a new office building by the owners: Sanjiv Narula, Indubala Narula, and their closely held business, Promotional Resources, Inc. (the Narulas). Bank of America, N.A., encouraged the Narulas to construct the building. Moreover, it furnished a financing package to the Narulas to construct the building. The package included the Loan Agreement. Under the Loan Agreement, the Narulas received a Construction Loan that...
ARNOLD-BURGER, J. Midwest Leagacy, LLC, a/k/a Midwest Legacy, LLC (Midwest), purchased the Mulvane Mobile Home Park (the Park) from the D & D Simpson Family, LLC (D & D). The City of Mulvane, Kansas (the City), provided sewer service to the Park. When Midwest failed to pay the sewer fees, the City filed an action against Midwest to collect and to disconnect sewer service to the Park. D & D, which still held an installment contract on the Park, was allowed to intervene. Subsequently, at the...
BUSER, J. Curtis, the natural father of Baby Girl B., appeals from the trial court's termination of his parental rights. The trial court terminated Curtis' parental rights based on two statutory grounds. First, the trial court found that Curtis "after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child's birth" under K.S.A. 2009 Supp. 59-2136(h)(1)(D). Second, the trial court found that Curtis "abandoned...
