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DAVENPORT PASTURES v. BD. OF COUNTY COM'RS

No. 98,342.

238 P.3d 731 (2010)

DAVENPORT PASTURES, LP, Appellant, v. MORRIS COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee.

Supreme Court of Kansas.

September 10, 2010.

Attorney(s) appearing for the Case

Greer S. Lang , of Lawrence, argued the cause, and Charles R. Rayl and Douglas P. Jones , of Rayl & Jones, LLC, of Cottonwood Falls, were with her on the briefs for appellant.

William A. Kassebaum , county counselor, argued the cause and was on the briefs for appellee.

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

This is an appeal of damages awarded to Davenport Pastures, LP (Davenport), by the Morris County Board of County Commissioners (Board). Davenport claims it was denied due process by the county counselor's dual roles as the Board's legal advisor and as the Board's advocate during and after the damages hearing process. After the district court and the Court of Appeals affirmed the Board, we granted in part Davenport...

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