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BOEHM v. BOARD OF COUNTY COMMISSIONERS

No. 44,134

194 Kan. 662 (1965)

400 P.2d 739

WALTER BOEHM, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF RENO, STATE OF KANSAS: JOHN C. OSWALD, as Commissioner of the Second Commissioner District; GUY L. ANKERHOLZ, as Commissioner of the First Commissioner District; and JACK MALONEY, as Commissioner of the Third Commissioner District; all of and for Reno County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 10, 1965.

Attorney(s) appearing for the Case

E. Dexter Galloway, of Hutchinson, argued the cause and was on the briefs for the appellant.

Wendell S. Holmes, of Hutchinson, argued the cause, and Michael E. Chalfant and Richard J. Rome, both of Hutchinson, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment denying injunctive relief in an action by a taxpayer seeking to enjoin the acquisition of land for courthouse and jail purposes.

On June 21, 1963, the Board of County Commissioners of Reno County adopted a resolution under the provisions of K.S.A. 19-1569 levying a tax "for the purpose of creating and providing a special...

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