Wilmer v. Board of County Commissioners of Leavenworth County

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This matter is before the court on defendant’s motion for release of supersedeas bond (Doc. 228). Plaintiff has responded (Doc. 233) and opposes the motion. For the reasons set forth below, the motion is denied.

In the present motion, defendant seeks release of the supersedeas bond posted by defendant to secure the unpaid balance of the judgment, including accrued interest and costs, during its appeal. The court has received the decision in mandate of the United States Court of Appeals for the Tenth Circuit. The Tenth Circuit held that this court…