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STATE EX REL. SIX v. MIKE W. GRAHAM

No. 100,999.

220 P.3d 1105 (2009)

STATE of Kansas, ex rel. Steven N. SIX, Attorney General (Board of County Commissioners of Shawnee County, Kansas), Appellee, v. MIKE W. GRAHAM & ASSOCIATES, LLC, and West Lawn Memorial Gardens, LLC, et al., Defendants, and Charles Heinsohn, Appellant.

Court of Appeals of Kansas.

December 4, 2009.

Attorney(s) appearing for the Case

Thomas W. Harris, of Roeland Park, for appellant.

Shawn S. Leisinger, assistant county counselor, and Richard V. Eckert, county counselor, for appellee.

Before GREENE, P.J., McANANY, J., and LARSON, S.J.

GREENE, J.

Charles Heinsohn, judgment creditor of the former owner of West Lawn Memorial Gardens Cemetery in Shawnee County, appeals the district court's order dismissing his attempt to enforce his judgment lien against cemetery assets, arguing the statute relied on by the district court, K.S.A.2008 Supp. 17-1367, was unconstitutionally applied to defeat his judgment lien. Concluding the legislative amendment to the statute, which purported to retroactively nullify...

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