Bd. of County Comm'rs v. City of Park CityAnnotate this Case
This appeal stemmed from an order granting summary judgment to the Board of County Commissioners regarding its challenge to the annexation of certain land by Park City. The district court then granted Park City an extension of time to file a postjudgment motion. Twenty days after the district court's order, Park City filed a motion for postjudgment relief under Kan. Stat. Ann. 60-259(f). The district court denied the motion as untimely, observing that a motion under section 60-259(f) must be filed within ten days after entry of judgment, and Kan. Stat. Ann. 60-206(b) specifically prohibits a district court from extending this time period. After the thirty-day time limitation for filing notice of appeal had expired, Park City appealed the summary judgment ruling. The court of appeals dismissed the appeal in part for lack of jurisdiction and affirmed the district court's decision in part, concluding that the unique circumstances doctrine, which permits an appellate court to exercise jurisdiction over a late appeal if the appellant reasonably relied on some judicial action, did not save the untimely appeal. The Supreme Court affirmed, holding that the doctrine could not be used to extend a statutory deadline that was jurisdictional.