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RIGGAN v. DIRECTOR OF REVENUE

No. 45,290

203 Kan. 129 (1969)

453 P.2d 52

JAMES H. RIGGAN, Appellant, v. DIRECTOR OF REVENUE OF THE STATE OF KANSAS, LEONARD H. AXE, Appellee.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

Earl M. Clarkson, Jr., of Wichita, argued the cause, and Wilmer E. Goering and Michael J. Silver, also of Wichita, were with him on the brief for the appellant.

Dale E. Dixon, of Topeka, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to enjoin the Director of Revenue from any further attempts to collect sales tax from the plaintiff herein. The sales tax was imposed during the year 1950 against the plaintiff, and no action was taken by the Director of Revenue from August 1, 1958, until June 29, 1966, a period of seven years, ten months and twenty-nine days. By reason thereof the plaintiff contends the Director is...

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