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STATE, EX REL., v. HEDRICK

No. 39,721

178 Kan. 135 (1955)

283 P.2d 437

STATE OF KANSAS, ex rel. LELUS B. BROWN, County Attorney of Harvey County, Kansas, Appellant, v. CLAY HEDRICK, as County Clerk of Harvey County, Kansas; THE STATE COMMISSION OF REVENUE AND TAXATION OF THE STATE OF KANSAS, and the CITY OF WICHITA, KANSAS, Appellees, and THE BOARD OF COUNTY COMMISSIONERS OF HARVEY COUNTY, KANSAS; HALSTEAD TOWNSHIP OF HARVEY COUNTY, KANSAS; LAKIN TOWNSHIP OF HARVEY COUNTY, KANSAS; HALSTEAD COMMON SCHOOL DISTRICT No. 52 OF HALSTEAD, KANSAS; RURAL HIGH SCHOOL DISTRICT No. 1 OF HALSTEAD, KANSAS; BENTLEY PUBLIC SCHOOL DISTRICT No. 185, JOINT, OF BENTLEY, KANSAS; and VALLEY CENTER TOWNSHIP OF SEDGWICK COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

Kenneth G. Speir, of Newton, argued the cause, and Lelus B. Brown, County Attorney of Harvey County, Kansas, was with him on the brief for the appellants the State of Kansas and the Board of County Commissioners of Harvey County, Kansas.

J. Rodney Stone, of Newton, was on the brief for the appellants Halstead and Lakin Townships of Harvey County, Kansas; Halstead Common School District No. 52 and Rural High School District No. 1, of Halstead, Kansas; Bentley Public School District No. 185, Jt., of Bentley, Kansas; and Valley Center Township of Sedgwick County, Kansas.

Arthur N. Turner, of Newton, argued the cause, and Alden E. Branine, and C. Fred Ice, both of Newton, were with him on the brief for the appellee Clay Hedrick, as County Clerk of Harvey County, Kansas.

Douglas E. Shay, of Wichita, argued the cause, and Fred W. Aley, of Wichita, was with him on the brief for appellee the City of Wichita.

The opinion of the court was delivered by

THIELE, J.:

The state on the relation of the county attorney of Harvey county instituted a proceeding in the district court of that county to compel the county clerk to assess certain property, later mentioned, for taxation, and on the same day an alternative writ was issued. Thereafter the State Commission of Revenue and Taxation, the Board of County Commissioners of Harvey County and the city of Wichita and two townships...

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