Neighbor v. Westar Energy, Inc.Annotate this Case
In this eminent domain proceeding, the district court granted an easement over real estate owned by Plaintiff and appointed three appraisers to determine Plaintiff’s compensation for the taking. Plaintiff timely filed his appeal of the appraisers’ award. The district court subsequently granted Plaintiff’s motion to dismiss the appeal without prejudice. Approximately five months later, Plaintiff appealed again, citing Kansas’ saving statute, Kan. Stat. Ann. 60-518, as authority for allowing his otherwise untimely second appeal. The district court dismissed Plaintiff’s second appeal with prejudice, concluding that the saving statute does not apply in an eminent domain appeal.