The Kansas Court of Appeals has accepted and rejected parts of a Douglas County judge’s rulings in a consumer protection lawsuit filed against a Lawrence-based towing company.

The appeals court ruled that Judge Paula Martin was correct in deciding that the Kansas Attorney General’s Office’s claims against TransMasters towing were preempted by a federal law that states a state can’t control towing prices.

But the appeals court also ruled that the district court can retry the issue of excessive prices in non-consensual towing.

Non-consensual tows are those performed without prior consent or authorization of the owner or operator of the vehicle, such as those ordered by police.

The case was remanded back to district court.

But TransMasters’ attorney David Hauber said he would take the firm’s arguments about non-consensual tow prices to the Kansas Supreme Court. He has 30 days to file for a petition review with the Supreme Court.

“Ultimately, it’s a question of federal law, so even if the Kansas Supreme Court rules one way or the other there is still a question of federal law,” Hauber said.

In 2005, then-Attorney General Phill Kline filed the lawsuit claiming TransMasters charged “grossly excessive fees” and violated the consumer protection act. Kline was defeated a year ago in his re-election bid by Paul Morrison.

Morrison’s attorneys continued with the case.