The Kansas Court of Appeals hosted its annual hearings at Kansas State University on Tuesday in honor of Constitution Day by hearing three cases.
One of the cases involved Riley County resident Gary Kilner who was appealing a decision by the Riley County District Court and Judge John Bosch on a land dispute he had with the county commission.
Kilner’s counsel Bernard Irvine argued before the court that the District Court and Judge Bosch had made a mistake of not notifying Kilner of their decision due to them posting it late in the day back when a decision was made in 2021.
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Craig Cox, the counsel for the county commission, argued that Kilner did in fact know of Bosch’s decision and had not done anything about appealing for seven months until May 2022 and called for the case to be dismissed by the court.
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The other case on the docket was Employers Mutual Casualty Company vs. Jayhawk Fire Sprinkler Company. In this case, Employers Mutual alleged that Jayhawk did a negligent job installing a sprinkler system back in 2013 that led to damage to the property.
Marc A. Powell argued that Jayhawk had tried to deny culpability in the matter by sending a 2017 invoice to the company that noted that Employers was responsible for any property damage.
Defending Jayhawk, Tracy A. Cole said that the case needed to be thrown out due to it not involving any damage to a person but rather to property.
The court is expected to hand out a written decision within 60 days.
