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MILLER v. GLACIER DEVELOPMENT CO., L.L.C.

No. 101,097.

270 P.3d 1065 (2011)

293 Kan. 665

Debra L. MILLER, in Her Capacity as the Secretary of Transportation for the State of Kansas, Appellee, v. GLACIER DEVELOPMENT COMPANY, L.L.C., and Lester M. Dean, Jr., Appellants.

Supreme Court of Kansas.

December 23, 2011.

Attorney(s) appearing for the Case

James D. Oliver, of Foulston Siefkin, LLP, of Overland Park, argued the cause, and Reid F. Holbrook and Judd L. Herbster, of Holbrook & Osborn P.A., of Overland Park, were with him on the briefs for appellant Dean.

Paul G. Schepers, of Orrick & Associates, L.L.P., of Overland Park, argued the cause, and Timothy P. Orrick, Renee M. Gurney, and Jason B. Prier, of the same firm, were on the brief for appellee.

The opinion of the court was delivered by JOHNSON, J.:

Lester M. Dean, Jr. challenges the entry of a personal judgment against him for an excess condemnation award which had been paid to Glacier Development Co., L.L.C. (Glacier), a limited liability company (LLC) of which Dean was the sole and managing member. Finding that the district court did not have jurisdiction to make the findings necessary to hold Dean personally liable for an LLC debt, we reverse.

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