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MERRYFIELD v. DEPT. OF SOCIAL & REHAB. SVC.

No. 101,964.

238 P.3d 743 (2009)

43 Kan.App. 2d 1

Dustin J. MERRYFIELD, Sutton R. Lovingood, and John F. Colt, Appellants, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, et al., Appellees.

Court of Appeals of Kansas.

November 13, 2009.

Attorney(s) appearing for the Case

Dustin J. Merryfield , Sutton R. Lovingood , and John F. Colt , of Larned, for appellants.

C. William Ossmann , chief of litigation, of Kansas Department of SRS, and Danny J. Baumgartner , litigation attorney, of Kansas Department of SRS, for appellees.

Before HILL, P.J., CAPLINGER and LEBEN, JJ.

LEBEN, J.

Petitioners Dustin Merryfield, Sutton Lovingood, and John Colt appeal the district court's dismissal of their petition under the Kansas Judicial Review Act. The petitioners had challenged some regulations that the Kansas Department of Social and Rehabilitation Services had adopted for residents of the Kansas Sexual Predator Treatment Program, but the district court dismissed their petition for failure to exhaust administrative remedies before bringing the...

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