TOPEKA — Two appeals stemming from Lyon County court cases will be heard when the Kansas Supreme Court reconvenes next month.
State v. Seth Torres will be heard May 2. The case originated with an alleged drug deal where Torres reportedly sold one person about 3.5 grams of methamphetamine and was stopped by Emporia Police shortly afterward. During court proceedings, Torres said a search of his vehicle was illegal, but District Court admitted the evidence before Torres’ conviction. The Court of Appeals has also found the search was justified.
Kevin Trear v. Susan Chamberlain, et. al, will be heard May 1. In this case, Trear bought a parcel of real estate from Chamberlain and her husband in 1986. The contract also included a right of refusal for nearby property owned by the Chamberlains that would be triggered if the family decided to sell, which they did in 2013. Trear was offered a chance to sell for $289,000 by a specified date. Trear failed to respond, and nobody bought the property when it was listed for $295,000. Eventually, part of the property sold to Chamberlain’s daughter Jamie Jasnoski for around $91,000. Trear’s lawsuit was upheld by the Court of Appeals, which said the right of refusal language violated a rule against perpetuities but not frauds. It also said Trear’s right of refusal was not voided when he did not respond by the date requested. Both parties have appealed.
Additional information about both cases is online at kscourts.org.
