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ZOELLNER v. CIVIL SERV. BD. OF LEAVENWORTH CTY.

No. 98,037.

182 P.3d 1288 (2008)

Sheriff David A. ZOELLNER, Appellee/Cross-appellant, v. CIVIL SERVICE BOARD OF LEAVENWORTH COUNTY, Kansas, Appellant/Cross-appellee, and David Freeman, Appellee.

Court of Appeals of Kansas.

May 16, 2008.

Attorney(s) appearing for the Case

Keyta D. Kelly, county counselor, for appellant/cross-appellee.

Kirk T. Ridgway, of Ferree, Bunn, O'Grady & Rundberg, Chtd., of Overland Park, for appellee/cross-appellant Sheriff David A. Zoellner.

No appearance by appellee David Freeman.

Before RULON, C.J., MARQUARDT and GREENE, JJ.

MARQUARDT, J.

The Civil Service Board of Leavenworth County (Board) appeals the district court's grant of summary judgment to Sheriff David Zoellner regarding the employment of Sheriff's Deputy David Freeman. Sheriff Zoellner cross-appeals the district court's interpretation of K.S.A. 19-4327(d)(3). We affirm in part and reverse in part.

In January 2006, Deputy Freeman was dispatched to investigate a complaint. Deputy

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