Miller v. FW Commercial Properties, LLC, 293 Kan. 1099

Summary

The Kansas Supreme Court held that the district court lacked statutory authority under K.S.A. 26-517 to award attorney fees based on quantum meruit to an attorney who was not a party in interest in the eminent domain proceeding. The court reversed the distribution order and remanded with directions to distribute the entire appraisers' award to Oscar Armendariz.

Holdings

1. K.S.A. 26-517 permits a district court to determine the final distribution of an eminent domain award only when there is a dispute among parties in interest concerning division of the award and a party in interest moves for distribution. Because Jarboe was not a party in interest and the Britts were no longer parties in interest when the order was entered, the district court lacked statutory authority to resolve Jarboe's claim.
2. The district court could not award Jarboe $2,750 in attorney fees from Armendariz because the court lacked statutory authority under K.S.A. 26-517 to adjudicate Jarboe's claim in the distribution proceeding.

Questions Presented

1. Whether K.S.A. 26-517 authorized the district court to determine the final distribution of the appraisers' award when the attorney asserting a quantum meruit claim was not a party in interest.
2. Whether the district court could award Jarboe attorney fees against Armendariz on a quantum meruit theory under the circumstances.

Disposition

reversed_and_remanded