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KANSAS DEPT. OF REVENUE v. POWELL

No. 99,491.

232 P.3d 856 (2010)

KANSAS DEPARTMENT OF REVENUE, Appellant, v. Jill POWELL, Appellee.

Supreme Court of Kansas.

June 4, 2010.

Attorney(s) appearing for the Case

J. Brian Cox, of Legal Services Bureau, Kansas Department of Revenue, argued the cause and was on the brief for appellant.

Michael E. Riling, of Riling, Burkhead & Nitcher, Chtd., of Lawrence, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by NUSS, J.:

This case concerns a refusal to award attorney fees. The Kansas Department of Revenue (KDR) was the prevailing party in a Civil Service Board (Board) action initiated by Jill Powell under the Kansas Whistleblower Act, K.S.A.2005 Supp. 75-2973. The Board's order denying KDR attorney fees was affirmed by the district court and the Kansas Court of Appeals. We granted KDR's petition for review; jurisdiction is under...

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