K.S.A. § 3-709

Judicial review

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3-709. Judicial review. (1) Any person aggrieved, or taxpayer affected by any decision made under the provisions of this act may file within thirty days from the rendition of such decision in the office of the clerk of the district court of the proper county a verified petition setting forth and specifying the grounds for review upon which the petitioner relies and designating the decision sought to be reviewed. The clerk shall forthwith cause written notice of such appeal to be served upon the political subdivision or subdivisions.

(2) Upon presentation of such petition the court shall set it down for hearing and the same shall be tried de novo as in a civil case, and enforcement of said regulations shall be stayed until said petition is finally determined by the court. Appeals may be taken to the supreme court from any order, ruling or decision as in other civil cases.

History: L. 1947, ch. 13, § 9; June 30.

Notes of Decisions

Cited in 3 cases, 2005–2013 · leading case: 143rd Street Investors, L.L.C. v. Board of County Commissioners

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143rd Street Investors, L.L.C. v. Board of County Commissioners (2011) kan · cites it 10× “The City notes that the landowners’ action was filed in district court pursuant to K.S.A. 3-709. The City does not suggest what the scope of review should be for either the district court or an appellate court under that provision, other than to argue that the provision “does…”

Friends of Bethany Place, Inc. v. City of Topeka (2013) kan “2-3317(d); K.S.A. 3-709(1); K.S.A. 8-2410(e); K.S.A.”

Board of County Commissioners v. Smith (2005) kan “19-223 or K.S.A. 3-709. The first statute requires an appeal to the district court of any decision of a board of county commissioners to be filed within 30 days, while the latter specifically requires an appeal to the district court within 30 days of decisions made under the…”

— K.S.A. § 3-709(1) — 1 case

Friends of Bethany Place, Inc. v. City of Topeka (2013) kan “2-3317(d); K.S.A. 3-709(1); K.S.A. 8-2410(e); K.S.A.”

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