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STATE EX REL. BREMBY v. THORSON

No. 100,810.

210 P.3d 132 (2009)

STATE of Kansas, ex rel., Roderick L. BREMBY, Secretary, Kansas Department of Health and Environment, Appellee, v. Kip L. THORSON, Appellant.

Court of Appeals of Kansas.

June 19, 2009.

Attorney(s) appearing for the Case

Kip Thorson, appellant pro se.

Nancy L. Ulrich, of Kansas Department of Health and Environment, of Toepka, for appellee.

Before RULON, C.J., ELLIOTT and HILL, JJ.

HILL, J.

When a state agency seeks to enforce its final order by filing an enforcement action in the district court, can the defendant raise, as a defense to the enforcement action, that the final order was wrongly decided? Because of res judicata principles, we hold the defendant cannot.

The case history reveals a loss of permit and subsequent closure of a tire removal facility.

For some time, Kip. L. Thorson kept a waste tire collection...

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