ROE v. PHILLIPS COUNTY HOSP.

No. 122,810.

522 P.3d 277 (2023)

Kelly ROE, Appellee, v. PHILLIPS COUNTY HOSPITAL, Appellant.

Supreme Court of Kansas.

Opinion Filed January 6, 2023.


Attorney(s) appearing for the Case

Quentin M. Templeton , of Forbes Law Group, LLC, of Overland Park, argued the cause, and Keynen J. (K.J.) Wall , Frankie J. Forbes , and Russell J. Keller , of the same firm, and John F. McClymont , of McClymont Law Office, PA, of Norton, were with him on the briefs for appellant.

Maxwell E. Kautsch , of Kautsch Law L.L.C., of Lawrence, argued the cause and was on the brief for appellee, and Kelly Roe, appellee pro se, was on the pro se brief.

Maxwell E. Kautsch , of Kautsch Law L.L.C., of Lawrence, was on the brief of amici curiae Kansas Press Association, Inc., Kansas Association of Broadcasters, Inc., Kansas Sunshine Coalition for Open Government, Inc., Kansas Institute for Government Transparency, Inc., and Lex Lumina, LLC.


This interlocutory appeal after summary judgment poses a single question of law: when a person requests an electronic copy of a public electronic record under the Kansas Open Records Act, must a public agency provide that copy in electronic format? The answer is "yes."

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