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BUILDERS, INC. v. BOARD OF COUNTY COMMISSIONERS

No. 43,208

191 Kan. 379 (1963)

381 P.2d 527

BUILDERS, INC., Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, KANSAS; THE COUNTY BOARD OF EQUALIZATION OF THE COUNTY OF SEDGWICK, KANSAS; VERNON E. REED, H.B. SCOTT and FLOYD SCHROEDER, County Commissioners of Sedgwick County, Kansas, and members of The County Board of Equalization of Sedgwick County, Kansas; W.O. WILLIAMS, County Clerk, Sedgwick County, Kansas, and Clerk of The County Board of Equalization of Sedgwick County, Kansas; KING McDONALD, County Assessor of Sedgwick County, Kansas; and MARIE WARDEN, County Treasurer of Sedgwick County, Kansas, Appellants, and THE STATE BOARD OF EQUALIZATION OF THE STATE OF KANSAS; and SAM BROOKOVER, PERRY OWSLEY and ROBERT E. LEE GRAHAM, members of The State Board of Equalization of the State of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

Ralph E. Gilchrist, of Wichita, argued the cause, and George D. McCarthy, also of Wichita, was with him on the brief for the appellants.

James D. Van Pelt, of Wichita, argued the cause, and D. Clifford Allison, also of Wichita, was with him on the brief for the appellee.

William M. Ferguson, Attorney General, and O.R. Stites, Jr., and A.K. Stavely, Assistant Attorneys General, were on the brief of William M. Ferguson, Attorney General, as amicus curiae.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to permanently enjoin the collection of ad valorem taxes for the year 1961 upon the land commonly known and described as the Parklane Shopping Center located in Wichita, Kansas, based upon the assessments of the property for the year 1961.

Appeal has been perfected from the judgment of the trial court permanently enjoining certain defendants...

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