Kyburz v. Franklin

Green, J.:

Arthur L. Kyburz and Mary M. Kyburz appeal from the judgment of the trial court dismissing their writ of mandamus petition. On appeal, the Kyburzes contend that K.S.A. 1995 Supp. 44-717(k) is constitutionally infirm because it denies them due process of law. Additionally, the Kyburzes contend that the trial court erred in determining that they had failed to exhaust their administrative remedies. We disagree and affirm the judgment of the trial court.

The Kyburzes owned and operated Art’s Tater Chip Company, Inc., when the company filed a Chapter 11 bankruptcy in 1994. Before the…