K.S.A. » Chapter 77

K.S.A. § 77-608

Same; nonfinal agency action

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77-608. Same; nonfinal agency action. A person is entitled to interlocutory review of nonfinal agency action only if:

(a) It appears likely that the person will qualify under K.S.A. 77-607 for judicial review of the related final agency action; and

(b) postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement.

History: L. 1984, ch. 338, § 8; July 1.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1991–2024 · leading case: Hamlin v. Kansas Department of Revenue
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Hamlin v. Kansas Department of Revenue (2009) kan · cites it 7× “77-607 (persons entitled to review of final agency actions) and K.S.A. 77-608 (persons entitled to interlocutory review of nonfinal agency actions).”
Bartlett Grain Co. v. Kansas Corp. Commission (2011) kan · cites it 6× “However, unlike the appellant here, Friedman apparently recognized the interlocutory nature of his appeal and sought application of K.S.A. 77-608. That statute permits review of a nonfinal agency action under certain limited circumstances: “A person is entitled to interlocutory…”
Friedman v. Kansas State Board of Healing Arts (2009) kan · cites it 4× “” K.S.A. 77-608. Obviously, Friedman would likely qualify for a review of the final agency action on the jurisdiction question.”
Friedman v. KAN. STATE BD. OF HEALING ARTS (2009) kan · cites it 4× “77-607 for judicial review of the related final agency action; and "(b) postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement.”
Ryser v. State (2012) kan · cites it 2× “” K.S.A. 77-608. But despite the broad language of the KJRA regarding its application to judicial review of final and nonfinal agency actions, K.”
Columbian Fin. Corp. v. Bowman (2018) ksd · cites it 3× “As such, Petitioners' petition, seen as a petition for interlocutory review, would fail for the reason that K.S.A. 77-608's "non-final", interim, relief could simply not be sustained under K.”
CITIZENS'UTILITY RATEPAYER BD. v. Kansas Corporation Comm'n (1997) kanctapp · cites it 2× “SWBT argues that K.S.A. 77-608 limits judicial review to "final agency action" and that KCC's protective order is not a final agency action.”
Kansas Pipeline Partnership v. Kansas Corporation Comm'n (1996) kanctapp “77-607(b), K.S.A. 77-608. Merits In orders mailed April 21 and 24, 1995, the KCC suspended the effective dates of the contracts for 180 days of their filing on March 31,1995; the WRI rate request and the KPP contract dockets were consolidated.”
Kansas Sunset Associates v. Kansas Department of Health & Environment (1991) kanctapp “K.S.A. 77-608. K.S.A. 77-622(b) states: “The court may grant other appropriate relief, whether mandatory, injunctive or declaratory; preliminary or final; temporary or permanent; equitable or legal.”
Williams Gas Pipelines Central, Inc. v. Kansas Corporation Comm'n (2000) kanctapp · cites it 6× “An interlocutory review of nonfinal agency action can be taken “only if: (a) It appears likely that the person will qualify under K.S.”
Citizens' Utility Ratepayer Board v. State Corp. Commission (1997) kanctapp · cites it 2× “SWBT argues that K.S.A. 77-608 limits judicial review to “final agency action” and that KCC’s protective order is not a final agency action.”
Pesina v. Aegis Processing Solutions (2022) kanctapp · cites it 6× “77-607; (2) even if the Board could have remanded the matter, review is proper under K.S.A. 77-608 because postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement; (3) the Board's…”
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— K.S.A. § 77-608(a) — 1 case
Pesina v. Aegis Processing Solutions (2022) kanctapp “77-607; (2) even if the Board could have remanded the matter, review is proper under K.S.A. 77-608 because postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement; (3) the Board's…”
— K.S.A. § 77-608(b) — 7 cases
Friedman v. Kansas State Board of Healing Arts (2009) kan “” K.S.A. 77-608. Obviously, Friedman would likely qualify for a review of the final agency action on the jurisdiction question.”
Hamlin v. Kansas Department of Revenue (2009) kan “77-607 (persons entitled to review of final agency actions) and K.S.A. 77-608 (persons entitled to interlocutory review of nonfinal agency actions).”
Friedman v. KAN. STATE BD. OF HEALING ARTS (2009) kan “77-607 for judicial review of the related final agency action; and "(b) postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement.”
Columbian Fin. Corp. v. Bowman (2018) ksd “As such, Petitioners' petition, seen as a petition for interlocutory review, would fail for the reason that K.S.A. 77-608's "non-final", interim, relief could simply not be sustained under K.”
Bartlett Grain Co. v. Kansas Corp. Commission (2011) kan “However, unlike the appellant here, Friedman apparently recognized the interlocutory nature of his appeal and sought application of K.S.A. 77-608. That statute permits review of a nonfinal agency action under certain limited circumstances: “A person is entitled to interlocutory…”
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