NEIGHBOR v. WESTAR ENERGY, INC.

No. 111,972.

349 P.3d 469 (2015)

301 Kan. 916

David H. NEIGHBOR, Appellant, v. WESTAR ENERGY, INC., Appellee.

Supreme Court of Kansas.

May 8, 2015.


Attorney(s) appearing for the Case

Thomas E. Hammond, II , of Gates, Shields & Ferguson, P.A., of Overland Park, argued the cause, and Eldon J. Shields , of the same firm, was with him on the brief for appellant.

Michael S. Heptig , of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, LLC, of Topeka, argued the cause, and Vernon L. Jarboe , of the same firm, was with him on the brief for appellee.


This case requires us to determine whether the Kansas saving statute applies to appeals from appraisers' awards in eminent domain proceedings. Landowner David Neighbor timely filed his appeal under K.S.A.2014 Supp. 26-508, and the district court later granted his motion to dismiss it without...

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