Miller v. Glacier Dev. Co.
Lester Dean was the sole and managing member of Glacier Development Company, LLC, which owned property that the Kansas DOT (KDOT) took for highway purposes. KDOT's eminent domain petition did not individually name Dean as a defendant or allege that he personally owned any of the property, but certain attorneys filed an entry of appearance declaring the defendants to be Glacier and Dean. After court-appointed appraisers awarded Glacier $2.19 million for the property, a jury verdict concluded that the property's value was $800,000. The district court ordered that judgment was awarded "against the Defendants." Dean filed a motion requesting his name be removed from the judgment because he did not own the subject property in his personal capacity. The district court denied the motion. At issue on appeal was whether the district court had the authority to adjudge Dean personally liable to KDOT for the amount of the appraisers' award paid out to Glacier that exceeded the compensation finally awarded on appeal. The Supreme Court found that it did not and reversed, holding that the district court did not have jurisdiction to make the findings necessary to hold Dean personally liable for an LLC debt. View "Miller v. Glacier Dev. Co." on Justia Law