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CITY OF NEWTON v. BOARD OF COUNTY COMMISSIONERS

No. 46,074

209 Kan. 1 (1972)

495 P.2d 963

THE CITY OF NEWTON, KANSAS, a Municipal Corporation, Appellee, v. BOARD OF COUNTY COMMISSIONERS OF HARVEY COUNTY, KANSAS; WARREN LONG, ELDO M. STEELE, and HOWARD R. OSBORN, as commissioners thereof; GLEN RANDALL, COUNTY CLERK OF HARVEY COUNTY, KANSAS; HARVEY SOUTHWORTH, COUNTY ASSESSOR OF HARVEY COUNTY, KANSAS, and FAYE DESCHNER, TREASURER OF HARVEY COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

George A. Robb, of Newton, was on the brief for the appellants.

Arthur N. Turner, of Newton, was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The City of Newton brings this action to recover taxes paid under protest on city-owned real estate. Judgment was entered in favor of the city for a portion of the taxes so paid and the defendants, the Board of County Commissioners of Harvey County, Kansas, and the County Commissioners, County Clerk, County Assessor and County Treasurer of Harvey County have appealed...

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