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MONTOY v. STATE

No. 91,915.

278 Kan. 765 (2005)

102 P.3d 1158

ERIC AND RYAN MONTOY, et al., Plaintiffs/Appellees, v. STATE OF KANSAS, et al., Defendants. KANSANS FOR THE SEPARATION OF SCHOOL AND STATE, Proposed Intervenor/Appellant.

Supreme Court of Kansas.

Opinion filed January 3, 2005.

Attorney(s) appearing for the Case

Alan L. Rupe, of Kutak Rock LLP, of Wichita, argued the cause, and Richard A. Olmstead, of the same firm, and John S. Robb, of Somers Robb & Robb, of Newton, were with him on the brief for appellees Eric and Ryan Montoy, et al.

Ira Dennis Hawver, of Ozawkie, argued the cause, and Bret D. Landrith, of Topeka, was with him on the brief for proposed intervenor/appellant Kansans for the Separation of School and State.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Kansans for the Separation of School and State appeals from the district court's memorandum decision and order denying its motion to intervene. An order denying an application to intervene is a final appealable order. State ex rel. Stephan v. Kansas Dept. of Revenue, 253 Kan. 412, Syl. ¶ 1, 856 P.2d 151 (1993).

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