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STEED v. McPHERSON AREA SOLID WASTE UTILITY

No. 100,831.

221 P.3d 1157 (2010)

David STEED and Janice Steed, Appellants, v. McPHERSON AREA SOLID WASTE UTILITY and Justin L. Gunter-Nelson, Appellees.

Court of Appeals of Kansas.

January 8, 2010.

Attorney(s) appearing for the Case

Kristi L. Pittman and Mark E. Kelly, of Withers, Brant, Igoe & Mullennix, P.C., of Liberty, Missouri, for appellants.

Marc A. Powell and Michael L. Baumberger, of Powell, Brewer & Reddick, L.L.P., of Wichita, for appellees.

Before GREENE, P.J., MALONE, J., and KNUDSON, S.J.

MALONE, J.

David and Janice Steed appeal the district court's decision granting summary judgment to McPherson Area Solid Waste Utility (the Utility) on the ground that the district court lacked subject matter jurisdiction over the Steeds' claims. The Utility cross-appeals, arguing that the district court erred in finding that the Steeds substantially complied with the notice filing requirements of K.S.A. 2008 Supp. 12-105b(d). For the reasons set forth herein, we...

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