K.S.A. » Chapter 77
Kansas Statutes Annotated

K.S.A. § 77-609 (2026)

Jurisdiction, venue

✓ current as of May 2026
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77-609. Jurisdiction, venue. (a) The district court shall conduct judicial review except when:

(1) A statute specifically provides for review of an agency action by appeal directly to the court of appeals; or

(2) otherwise provided by law.

(b) Except as otherwise provided by K.S.A. 8-259, 31-144, 44-556, 72-5430a and 74-2426, and amendments thereto, venue is in the county in which the order or agency action is entered or is effective or the rule and regulation is promulgated.

History: L. 1984, ch. 338, § 9; L. 1986, ch. 318, § 4; July 1.

Notes of Decisions
Cited in 21 cases (7 in the last 5 years), 1987–2025 · leading case: Karns v. Kansas State Bd. of Agric., 923 P.2d 78 (Kan. Ct. App. 1996).
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Karns v. Kansas State Bd. of Agric., 923 P.2d 78 (Kan. Ct. App. 1996). · cites it 8× “In his petition for judicial review filed in the district court, Karns alleged: "Venue is proper in this Court pursuant to K.S.A. 77-609(2)(b) [sic] as the agency order would be effective in Pottawatomie County, Kansas.”
Bartlett Grain Co. v. Kansas Corp. Comm'n, 256 P.3d 867 (Kan. 2011). · cites it 2× “After the KCC denied Bartlett’s motion, Bartlett sought judicial review in district court, reciting that jurisdiction was proper under K.S.A. 77-609(a). In a memorandum decision affirming the agency’s ruling, the district court based its jurisdiction to review the agency’s…”
Rhodenbaugh v. Kansas Emp. Sec. Bd. of Review, 372 P.3d 1252 (Kan. Ct. App. 2016). · cites it 3× “” K.S.A. 77-609(b). Because the statute states the proper venue for this proceeding, the question presents a matter of statutory interpretation which is a question of law subject to unlimited review.”
Columbus Tel. Co. v. Kansas Corp. Comm'n, 75 P.3d 257 (Kan. Ct. App. 2003). “shall be in accordance with K.S.A. 77-609 and amendments thereto.” (Emphasis added.”
Bluestem Tel. Co. v. Kansas Corp. Comm'n, 363 P.3d 1115 (Kan. Ct. App. 2015). “Standard of Review The RLECs are challenging the Commissions decisions under the Kansas Judicial Review Act (KJRA), K.S.A. 77-601 et seq.”
Bicknell v. Kansas Dept. of Revenue (Kan. 2022). · cites it 11× “The KJRA's venue provision, K.S.A. 77-609(b), provides that venue is proper in the county in which an order or agency action is entered or is effective or the rule and regulation is promulgated.”
Mildfelt v. State ex rel. State Dep't of Soc., 731 P.2d 884 (Kan. Ct. App. 1987). · cites it 6× “In K.S.A. 1986 Supp. 77-609, we find the following: “(b) Except as otherwise provided by K.”
Little Balkans Found., Inc. v. Kansas Racing Comm'n, 795 P.2d 368 (Kan. 1990). “” K.S.A. 77-609 establishes jurisdiction and venue of all appeals in the district court unless otherwise provided by law.”
Saint Luke's Health Sys., Inc. v. Kansas Dept. of Labor (Kan. Ct. App. 2025). · cites it 6× “"The KJRA's venue provision, K.S.A. 77-609(b), governs the proper venue for judicial review 24 of an agency order.”
Peterson v. Kansas Dep't of Health & Env't, 59 P.3d 6 (Kan. Ct. App. 2002). “K.S.A. 77-609(a). A district court may not substitute its judgment for that of an administrative tribunal.”
Diakite v. Kansas Emp. Sec. Bd. of Review (D. Kan. 2025). · cites it 4× “K.S.A. § 77-609(a).2 Additionally, the Kansas state legislature cannot confer subject matter jurisdiction to federal district courts; that authority is solely in the hands of Congress.”
Williams Gas Pipelines Cent., Inc. v. Kansas Corp. Comm'n, 7 P.3d 311 (Kan. Ct. App. 2000). “A person who has standing, exhausted all administrative remedies, and timely filed a petition for review is entitled to judicial review of “final agency action.”
Show all 21 citing cases →
K.S.A. § 77-609(2)(b): 1 case
Karns v. Kansas State Bd. of Agric., 923 P.2d 78 (Kan. Ct. App. 1996). “In his petition for judicial review filed in the district court, Karns alleged: "Venue is proper in this Court pursuant to K.S.A. 77-609(2)(b) [sic] as the agency order would be effective in Pottawatomie County, Kansas.”
K.S.A. § 77-609(a): 6 cases
Bartlett Grain Co. v. Kansas Corp. Comm'n, 256 P.3d 867 (Kan. 2011). “After the KCC denied Bartlett’s motion, Bartlett sought judicial review in district court, reciting that jurisdiction was proper under K.S.A. 77-609(a). In a memorandum decision affirming the agency’s ruling, the district court based its jurisdiction to review the agency’s…”
Peterson v. Kansas Dep't of Health & Env't, 59 P.3d 6 (Kan. Ct. App. 2002). “K.S.A. 77-609(a). A district court may not substitute its judgment for that of an administrative tribunal.”
Williams Gas Pipelines Cent., Inc. v. Kansas Corp. Comm'n, 7 P.3d 311 (Kan. Ct. App. 2000). “A person who has standing, exhausted all administrative remedies, and timely filed a petition for review is entitled to judicial review of “final agency action.”
Diakite v. Kansas Emp. Sec. Bd. of Review (D. Kan. 2025). “K.S.A. § 77-609(a).2 Additionally, the Kansas state legislature cannot confer subject matter jurisdiction to federal district courts; that authority is solely in the hands of Congress.”
Reyes (D. Kan. 2025).
K.S.A. § 77-609(b): 8 cases
Karns v. Kansas State Bd. of Agric., 923 P.2d 78 (Kan. Ct. App. 1996). “In his petition for judicial review filed in the district court, Karns alleged: "Venue is proper in this Court pursuant to K.S.A. 77-609(2)(b) [sic] as the agency order would be effective in Pottawatomie County, Kansas.”
Rhodenbaugh v. Kansas Emp. Sec. Bd. of Review, 372 P.3d 1252 (Kan. Ct. App. 2016). “” K.S.A. 77-609(b). Because the statute states the proper venue for this proceeding, the question presents a matter of statutory interpretation which is a question of law subject to unlimited review.”
Bicknell v. Kansas Dept. of Revenue (Kan. 2022). “The KJRA's venue provision, K.S.A. 77-609(b), provides that venue is proper in the county in which an order or agency action is entered or is effective or the rule and regulation is promulgated.”
Mildfelt v. State ex rel. State Dep't of Soc., 731 P.2d 884 (Kan. Ct. App. 1987). “In K.S.A. 1986 Supp. 77-609, we find the following: “(b) Except as otherwise provided by K.”
Saint Luke's Health Sys., Inc. v. Kansas Dept. of Labor (Kan. Ct. App. 2025). “"The KJRA's venue provision, K.S.A. 77-609(b), governs the proper venue for judicial review 24 of an agency order.”
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