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BOARD OF COUNTY COM'RS v. KDL

No. 99,648.

206 P.3d 558 (2009)

BOARD OF COUNTY COMMISSIONERS OF GRAHAM COUNTY, Kansas, Appellee, v. KANSAS DEPARTMENT OF LABOR, Appellant.

Court of Appeals of Kansas.

May 8, 2009.

Attorney(s) appearing for the Case

Darren E. Root and A.J. Kotich, of Kansas Department of Labor, for appellant.

Tony A. Potter, county attorney, for appellee.

Before BUSER, P.J., ELLIOTT and GREEN, JJ.

ELLIOTT, J.

The Kansas Department of Labor (KDL) appeals the trial court's ruling that the heating unit in the Graham County Courthouse was not subject to state regulation under the Kansas Boiler Safety Act (KBSA), K.S.A. 44-913 et seq. (Furse 1993). We reverse and remand with directions.

In the fall of 1997, four water heaters were installed in the Graham County Courthouse by Elliott Plumbing, Heating, Air Conditioning, and Electrical, Inc. (Elliott...

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