municipality unless claim (Kansas) · Go Syfert
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municipality unless claim in Kansas

6 Kansas opinions name it 2 courts 2000–2021 1 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Huffman v. City of Prairie Village, KSgreen
ksd · 1997 · cited in 1 Kansas opinions naming this issue, 2002–2002
1 sentence

2002Any action brought pursuant to the Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, if compliance with the provisions of this subsection would otherwise result in the barring of an action, such time period shall be extended by the time period required for compliance with the provisions of this subsection.” Plaintiffs rely upon Huffman v. City of Prairie Village, KS, 980 F. Supp. 1192, 1206 (D.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Zeferjohn v. Shawnee County Sheriff's Department green
kanctapp · 1999
2 sentences

2006Any action brought pursuant to the Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, a claimant shall *872 have no less than 90 days from the date the claim is denied or deemed denied in which to commence an action." (Emphasis added.) To support its claim, the Board relies on Zeferjohn v. Shawnee County Sheriff's Dept., 26 Kan.

2006Any action brought pursuant to the Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, a claimant shall have no less than 90 days from the date the claim is denied or deemed denied in which to commence an action.” (Emphasis added.) To support its claim, the Board relies on Zeferjohn v. Shawnee County Sheriff's Dept., 26 Kan.

22006–2006
Sleeth v. Sedan City Hospital green
kan · 2014
1 sentence

2021K.S.A. 2012 Supp. 12-105b(a) provides that "no claim [against a municipality] shall be allowed except in accordance with the provisions of this section." And the specific statute at issue further restrained the court's authority, providing that "no action shall be commenced until" the requirements were satisfied and "no person may initiate an action against a municipality unless the claim has been denied in whole or part." Sleeth, 298 Kan. at 871 (quoting K.S.A. 2012 Supp. 12-105b[d]).

12021–2021
Martin v. Board of Johnson County Comm'rs green
kanctapp · 1993
1 sentence

2003Any action brought pursuant to the Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, if compliance with the provisions of this subsection would otherwise result in the barring of an action, such time period shall be extended by the time period required for compliance with the provisions of this subsection(Emphasis added.) Contrary to Cummings’ first contention regarding a blanket 120-day extension, the Martin court had interpreted 12-105b(d) and stated the length of the extension would vary f

12003–2003
Brown v. State green
kan · 1996
2 sentences

2000Any action brought pursuant to die Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, if compliance widi the provisions of this subsection would otherwise result in the barring of an action, such time period shall be extended by die time period required for compliance widi die provisions of diis subsection.” (Emphasis added.) K.S.A. 60-518 has not been amended since its enactment in 1963 and reads as follows: “If any action be commenced widiin due time, and die plaintiff fail in such action od

2000Any action brought pursuant to die Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, if compliance widi the provisions of this subsection would otherwise result in the barring of an action, such time period shall be extended by die time period required for compliance widi die provisions of diis subsection.” (Emphasis added.) K.S.A. 60-518 has not been amended since its enactment in 1963 and reads as follows: “If any action be commenced widiin due time, and die plaintiff fail in such action od

12000–2000
Martindale v. Tenny green
kan · 1992
2 sentences

2000Any action brought pursuant to die Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, if compliance widi the provisions of this subsection would otherwise result in the barring of an action, such time period shall be extended by die time period required for compliance widi die provisions of diis subsection.” (Emphasis added.) K.S.A. 60-518 has not been amended since its enactment in 1963 and reads as follows: “If any action be commenced widiin due time, and die plaintiff fail in such action od

2000Any action brought pursuant to die Kansas tort claims act shall be commenced within the time period provided for in the code of civil procedure or it shall be forever barred, except that, if compliance widi the provisions of this subsection would otherwise result in the barring of an action, such time period shall be extended by die time period required for compliance widi die provisions of diis subsection.” (Emphasis added.) K.S.A. 60-518 has not been amended since its enactment in 1963 and reads as follows: “If any action be commenced widiin due time, and die plaintiff fail in such action od

12000–2000

Statutes the citing opinions construe

KS § K.S.A. § 12-105b (6) KS § K.S.A. § 60-256 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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