State Ex Rel. Six v. Mike W. Graham & Associates, LLC

Greene, J.:

Charles Heinsohn, judgment creditor of the former owner of West Lawn Memorial Gardens Cemetery in Shawnee County, appeals the district court’s order dismissing his attempt to enforce his judgment hen against cemetery assets, arguing the statute relied on by the district court, K.S.A. 2008 Supp. 17-1367, was unconstitutionally applied to defeat his judgment hen. Concluding the legislative amendment to the statute, which purported to retroactively nullify judgment liens against cemetery properly, was violative of due process and unconstitutionally applied to defeat Heinsohn’s claim,…