Neighbor v. Westar Energy, Inc.

*917The opinion of the court was delivered by

Nuss, C.J.:

This case requires us to determine whether the Kansas saving statute applies to appeals from appraisers’ awards in eminent domain proceedings. Landowner David Neighbor timely filed his appeal under K.S.A. 2014 Supp. 26-508, and the district court later granted his motion to dismiss it without prejudice. About 5 months later Neighbor appealed again, relying upon K.S.A. 60-518 to save the appeal from an otherwise untimely filing frailty. The district court ruled the saving statute does not apply in an eminent domain appeal. So the court…