Bott v. State

No. 124,511 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JOSEPH A. BOTT, Appellant, v. STATE OF KANSAS and KANSAS HIGHWAY PATROL, Appellees. SYLLABUS BY THE COURT 1. K.S.A. 60-512(2) applies when a statute creates a liability where liability would not exist except for the statute. For example, an action would not be based on a liability created by statute if the right would exist at common law without the benefit of the statute. If the statute merely provides a procedure for obtaining relief, it does not trigger the application of the three-year statute of limitations under K.S.A.…