Justia Kansas Supreme Court Opinion Summaries

The Kansas Corporation Commission (KCC) issued a show cause order alleging that Bartlett Grain Company solicited for-hire motor carriers who violated several motor carrier safety laws. Bartlett answered the show cause order, contesting the KCC's jurisdiction over it with respect to its hiring of third-party motor carriers. Upon reconsideration, the KCC found it had jurisdiction over Bartlett to proceed. On review, the district court affirmed. Bartlett appealed, and the KCC stayed the ongoing agency proceedings pending judicial review. The Supreme Court transferred the case to its court on its own motion. Before considering the merits of the jurisdictional issue, the Court first addressed the issue raised sua sponte by the Court, i.e., whether the agency's order finding it had jurisdiction over the substantive violations alleged in the show cause order was a final agency action subject to judicial review. The Court held that the action from which Bartlett appealed was a nonfinal agency action and, therefore, dismissed the appeal for lack of jurisdiction. View "Bartlett Grain Co. v. Kansas Corp. Comm'n" on Justia Law

Landowners owned property near an airport that was zoned as agricultural. Landowners filed an application with the City to classify their property as planned single-family residential and to approve a preliminary plat for a subdivision. Initially, the rezoning was approved, but after the County brought suit, Landowners initiated a new application to rezone the property and, following the directives of Kan. Stat. Ann. 3-307e, to seek the approval of the County once the City approved the rezoning and the plat. The County denied Landowners' rezoning application. On review, the district court held that the City was the zoning authority and the County took a quasi-judicial role in reviewing the City's rezoning decision. The court concluded that the County had failed to overcome the presumption that the City's decision was reasonable and upheld the City's decision to approve the rezoning. On appeal, the Supreme Court reversed, holding the district court's ruling was erroneous because section 3-307e allows the County to reach an independent determination that a court must presume to be reasonable, and to successfully challenge the County's action under section 3-307e, a landowner must prove that the County's action was unlawful or unreasonable. Remanded. View "143rd Street Investors v. Board of Johnson County Comm'rs " on Justia Law

Employee injured his back before beginning work as a service technician for Employer. While working for Employer, Employee experienced a sudden, severe increase of pain in his back. Employee eventually underwent surgery and, later, quit his job after several months of physical therapy. Before undergoing surgery, Employee filed an application for a hearing with the Division of Workers Compensation. The ALJ found Employee was injured during the course of his employment and entered an award for Employee. On review, the Kansas Workers Compensation Board affirmed. The court of appeals reversed the ALJ and the Board, finding that Employee was precluded from compensation because his injuries were the result of the normal activities of daily living. On review, the Supreme Court reversed, holding that Employee was not engaged in the normal activities of day-to-day living when he reached for his tool belt or when he bent down to carry out a welding task. Accordingly, Employee's injury was covered by the Kansas workers compensation statute. View "Bryant v. Midwest Staff Solutions, Inc." on Justia Law