K.S.A. § 19-223
Appeals to district court; notice; bond
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19-223. Appeals to district court; notice; bond. Any person who shall be aggrieved by any decision of the board of commissioners may appeal from the decision of such board to the district court of the same county, by causing a written notice of such appeal to be served on the clerk of such board within thirty days after the making of such decision, and executing a bond to such county with sufficient security, to be approved by the clerk of said board, conditioned for the faithful prosecution of such appeal, and the payment of all costs that shall be adjudged against the appellant.
History: G.S. 1868, ch. 25, § 30; October 31; R.S. 1923, 19-223.
Notes of Decisions
Cited in 36
cases (2 in the last 5 years), 1950–2022 · leading case: Barnes v. Board of County Commissioners
Barnes v. Board of County Commissioners (2011)
“60-907(a) or K.S.A. 19-223 governs jurisdiction as to some or all of the allegations made.”
Barnes v. BD. OF CTY. COM'RS OF COWLEY CTY. (2011)
“60-907(a) or K.S.A. 19-223 governs jurisdiction as to some or all of the allegations made.”
Justice v. Board of Wyandotte County Comm'rs (1992)
“(1988), or K.S.A. 19-223. The Board argued federal courts have exclusive jurisdiction over cases under the Voting Rights Act.”
Dutoit v. Board of Johnson County Comm'rs (1983)
“The statute provides: “Any person who shall be aggrieved by any decision of the board of commissioners may appeal from the decision of such board to the district court of the same county, by causing a written notice of such appeal to be served on the clerk of such board within…”
In Re Petition of City of Shawnee for Annexation of Land (1984)
“"Any owner or the city aggrieved by the decision of the board of county commissioners may appeal from the decision of such board to the district court of the same county in the manner and method set forth in K.S.A. 19-223. Any city so appealing shall not be required to execute…”
Umbehr v. Board of Wabaunsee County Comm'rs (1992)
“The Court of Appeals found that the time limitations of K.S.A. 19-223 did not apply and reversed and remanded for further hearing.”
Friends of Bethany Place, Inc. v. City of Topeka (2013)
“19-223, the statute for appealing a county commission’s decision by “any person who shall be aggrieved” by such decision to the district court, as follows: “An aggrieved person is one whose legal right is invaded by an act complained of or whose pecuniary interest is directly…”
Bolser v. Zoning Board for Aubry Township (1980)
“The plaintiffs contend the action was an independent action pursuant to K.”
Brinson v. School District 431 (1978)
“The statute authorizing review in Gonser was K.S.A. 19-223. The Court of Appeals concluded that the trial court correctly decided the appeal under a limited scope of review because of the separation of powers doctrine.”
Woodard v. Jefferson County (2001)
“They were awarded damages, and on appeal the Board contended for the first time that the state court had no jurisdiction over the suit because “the proper procedure was for the plaintiffs to have appealed the decision of the Board affirming the layoffs to the district court…”
Kay v. City of Rancho Palos Verdes (2007)
“18 (30 days); Kan. Stat. Ann. § 19-223 (30 days); Ky.Rev.”
Larson v. Ruskowitz (1993)
“The defendants contend the proper procedure was for the plaintiffs to have appealed the decision of the Board affirming the layoffs to the district court under K.S.A. 19-223, which provides: “Any person who shall be aggrieved by any decision of the board of commissioners may…”
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