Umbehr v. Board of Wabaunsee County Comm'Rs

The opinion of the court was delivered by Keen A. Umbehr appealed the dismissal of his petition for
declaratory judgment and injunctive relief which contested the
Board of Wabaunsee County Commissioners' (Board) increase of
county landfill user rates. The district court held that,
although the Board's legislative action increasing the rates was
unreasonable, Umbehr failed to timely perfect his appeal and
dismissed his action. The Court of Appeals found that the time
limitations of K.S.A. 19-223 did not apply and reversed and
remanded for further hearing. We granted the Board's petition for
review. Keen A. Umbehr, a trash hauler, provides residential trash
pickup service for six towns and hauls solid waste for a number
of commercial customers in Wabaunsee County. Umbehr hauls
approximately 90% of the commercial trash to the Wabaunsee County
landfill. Since 1986 Umbehr's contract with the Board has allowed
him to dump trash at the prevailing rate for 600 yards regardless
of the amount actually dumped.