KANSAS DEPT. OF REVENUE v. POWELL

No. 99,491.

197 P.3d 872 (2008)

KANSAS DEPARTMENT OF REVENUE, Appellant, v. Jill POWELL, Appellee, (Kansas Civil Service Board), Appellee.

Court of Appeals of Kansas.

December 12, 2008.


Attorney(s) appearing for the Case

J. Brian Cox, of Kansas Department of Revenue, of Topeka, for appellant.

Michael E. Riling, of Riling, Burkhead & Nitcher, Chtd., of Lawrence, for appellee.

Before GREENE, P.J., HILL, J., and BRAZIL, S.J.


HILL, J.

This is an appeal in a whistle-blower case. The Kansas Department of Revenue appeals a ruling by the district court refusing to order the Kansas Civil Service Board to consider awarding attorney fees to the Department. The Department sought attorney fees as a sanction against Jill Powell for what it viewed as a frivolous appeal to the Civil Service Board. The Civil Service Board ruled in the Department's favor but...

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