Dallinga v. Center Township

Pierron, J.:

David and Cathy Dallinga appeal the district court’s decision that their appeal from a decision of the township trustee was untimely. They also appeal the trial court’s decision that the trustee’s decision was based on substantial evidence. No other issues are properly before us. We affirm in part and reverse in part.

K.S.A. 19-2504 and K.S.A. 19-2505 read in pertinent part as follows:

“[A]ll unused and abandoned wells, pits, mines, or other excavations situated upon land not enclosed, upon complaint in writing being made by any citizen to the owner of the land or his agent whereon…