Steed v. McPherson Area Solid Waste Utility

Malone, J.:

David and Janice Steed appeal the district court’s decision granting summary judgment to McPherson Area Solid Waste Utility (the Utility) on the ground that the district court lacked subject matter jurisdiction over the Steeds’ claims. The Utility cross-appeals, arguing that the district court erred in finding that the Steeds substantially complied with the notice filing requirements of K.S.A. 2008 Supp. 12-105b(d). For the reasons set forth herein, we reverse the district court’s grant of summary judgment and remand for further proceedings.

*77On January 6,2005, David Steed was…