55-606.
Rehearing; judicial review.
(a) Any action of the commission pursuant to K.S.A. 55-601 through 55-609, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. The action for review shall be brought in the district court having venue and first acquiring jurisdiction of the matter. Notwithstanding the provisions of K.S.A. 77-622, and amendments thereto, the authority of the court shall be limited to a judgment either affirming or setting aside in whole or in part the agency action.
(b) Before any action for judicial review may be brought by a person who was a party to the proceeding resulting in the agency action, a petition for reconsideration shall first be filed with the commission in accordance with the provisions of K.S.A. 77-529, and amendments thereto.
An action for judicial review may be brought by any person aggrieved by the agency action, whether or not such person was the petitioner for reconsideration. If no petition for reconsideration is filed, any person aggrieved by the agency action who was not a party to the proceeding before the commission may bring an action for judicial review of such agency action.
(c) Any action for review pursuant to this section shall have precedence in any court and on motion shall be advanced over any civil cause of different nature pending in such court. In any such action, a county abstract may be filed by the commission or any other interested party.
History:
L. 1931, ch. 226, § 6; L. 1939, ch. 227, § 5; L. 1986, ch. 318, § 75; L. 1988, ch. 356, § 170; L. 1989, ch. 283, § 22; L. 2010, ch. 17, § 100; July 1.
Notes of Decisions
Nw. Cent. Pipeline Corp. v. State Corp. Comm'n, 699 P.2d 1002 (Kan. 1985).
· cites it 6× “Appellants, however, note this appeal was taken from the district court pursuant to K.S.A. 55-606. That statute provides that "[a]ppeals to the state supreme court may be taken from the judgment of the district court as in other civil actions.”
Parkin v. Kansas Corp. Comm'n, 677 P.2d 991 (Kan. 1984).
· cites it 2× “Plaintiffs have appealed under K.S.A. 55-606. "2. The record reflects that unitization plan was approved upon the application of Gulf Oil in 1969, specifying that the Nichols Unit, comprised of approximately 5800 acres, was fast becoming uneconomical to operate due to decreasing…”
Colorado Interstate Gas Co. v. State Corp. Comm., 386 P.2d 266 (Kan. 1963).
· cites it 2× “may be brought and proceedings respecting same shall be governed by and appeals may be taken as provided in section 55-606 of the General Statutes of Kansas of 1935, as amended [now G.”
Bennett v. State Corp. Comm'n, 142 P.2d 810 (Kan. 1943).
· cites it 2× “) We first note appellant’s contention that Opal Lanterman, who joined with Bennett in the petition for review, was not a proper party, not being “a person aggrieved” within the meaning of section 55-606, G. S. 1941 Supp., which provides for judicial review of commission orders.”
Sw. Bell Tel. Co. v. State Corp. Comm'n, 629 P.2d 1174 (Kan. Ct. App. 1981).
“The appellants sought review not only of the general order but of monthly production orders which had been issued during the two years the general order was being studied.”
Cities Serv. Gas Co. v. State Corp. Comm'n, 391 P.2d 74 (Kan. 1964).
· cites it 2× “) Under any conceivable construction of the proceedings in question, Cities Service’s action for judicial review was properly instituted under Section 55-606 in the district court of Anderson County and Woodson’s contention that other statutes should have been followed in…”
United Steelworkers of Am. v. KAN COMM'N ON CIVIL RIGHTS, 855 P.2d 905 (Kan. 1993).
“44-1010 ,and 44-1115, and amendments thereto, concerning orders of the Kansas human rights commission [formerly Kansas Commission on Civil Rights], K.S.A. 55-606 and 66-118b, and amendments thereto, concerning orders of the corporation commission and K.”
Robert-Gay Energy Enter., Inc. v. State Corp. Comm'n, 685 P.2d 299 (Kan. 1984).
· cites it 3× “” K.S.A. 55-606 defines the court’s scope of review in oil and gas cases: “Any rule, regulation, order or-decision of the commission may be superseded by the district court upon such terms and conditions as it may deem proper.”
Robert-Gay Energy Enter., Inc. v. State Corp. Comm'n Of Kansas, 753 F.2d 857 (10th Cir. 1985).
“K.S.A. 55-606 provides in part: 21 Any action for judicial review of any rule, regulation, order or decision of the commission may be brought against the commission in the district court of any county in the state wherein the property affected thereby is located, or, if the…”
Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2021).
· cites it 14× “" The Commission proceeded to argue that "K.S.A. 55-606 is also applicable to this appeal because the 600 series of statutes under K.”
— K.S.A. § 55-606(a) — 2 cases
Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2021).
“" The Commission proceeded to argue that "K.S.A. 55-606 is also applicable to this appeal because the 600 series of statutes under K.”
— K.S.A. § 55-606(b) — 1 case
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