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State v. Great Plains of Kiowa County, Inc.

Court of Appeals of Kansas

February 10, 2017

State of Kansas, Appellee,
v.
Great Plains of Kiowa County, Inc., Appellant.

         SYLLABUS BY THE COURT

         1.

         The Kansas Open Records Act, K.S.A. 45-215 et seq., is analyzed and applied.

         2.

         The public policy of the state is that public records shall be open for inspection by any person unless otherwise provided by the Kansas Open Records Act.

         3.

         "Public record" means any recorded information, regardless of form or characteristics, which is made, maintained, or kept by or is in the possession of any public agency.

         4.

         The term "public agency" is defined in the Kansas Open Records Act as the state, any political or taxing subdivision of the state, or an office, officer, agency, or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by public funds appropriated by the state or by public fund of any political or taxing subdivision of the state.

         5.

         A public agency under the Kansas Open Records Act does not include any entity solely by reason of payments from public funds for property, goods, or services of such entity.

         Appeal from Kiowa District Court; Van Z. Hampton, judge. Affirmed and remanded with directions.

          Alan L. Rupe, of Lewis Brisbois Bisgaard & Smith LLP, of Wichita, for appellant.

          J. Scott James, county attorney, for appellee.

          Before Powell, P.J., Pierron and Hill, JJ.

          PIERRON, J.

         Great Plains of Kiowa County, Inc. (GPKC) appeals from the district court ruling that the requested financial records from its operations running the Kiowa County Memorial Hospital (Hospital) were public records under the Kansas Open Records Act (KORA) and fining GPKC for failing to ...


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