Umbehr v. Board of Wabaunsee County Comm'rs

The opinion of the court was delivered by

Lockett, J.:

Keen A. Umbehr appealed the dismissal of his petition for declaratory judgment and injunctive relief which contested the Board of Wabaunsée County Commissioners’ (Board) increase of county landfill user rates. The district court held that, although the Board’s legislative action increasing the rates was unreasonable, Umbehr failed to timely perfect his appeal and dismissed his action. The Court of Appeals found that the time limitations of K.S.A. 19-223 did not apply and reversed and remanded for further hearing. We granted the Board’s…