SELTMANN v. BOARD OF COUNTY COMMISSIONERS

No. 46,993

212 Kan. 805 (1973)

512 P.2d 334

HARLEY SELTMANN, ARNOLD GREENWALD, RALPH WELTMER, OSWALD SCHNEIDER, BEN DAUBERT, DARREL OCHS, FRANK OBORNY, JR., WILBUR BRACK, REUBEN OCHS, LAWRENCE WEBS, LAWRENCE CUTHELL, ERNEST SELTMANN, A. RONALD WILSON, JEAN J. OBORNY, and W.E. MONEY, Plaintiffs-Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF RUSH COUNTY, KANSAS, consisting of JOHN KOBER, REUBEN ROMEISER, and RAYMOND REICHEL; JOHN KOBER, individually; REUBEN ROEMEISER, individually; RAYMOND REICHEL, individually; THE BOARD OF TRUSTEES OF THE RUSH COUNTY MEMORIAL HOSPITAL, La Crosse, Kansas, consisting of EDWARD OBORNY, JR., EDWARD JUNO, EL VERNE SELTMANN, CLARENCE WILSON, and E.L. WAGNER; EDWARD OBORNY, JR., individually; EDWARD JUNO, individually; EL VERNE SELTMANN, individually; CLARENCE WILSON, individually; and E.L. WAGNER, individually, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1973.


Attorney(s) appearing for the Case

Ivan D. King, of La Crosse, argued the cause, and was on the brief for the appellants.

Michael S. Holland, of Russell, argued the cause, and Herbert N. Holland, of Russell, was with him on the brief for the appellees.


The opinion of the court was delivered by

PRAGER, J.:

This is an action to enjoin the Board of County Commissioners of Rush County from constructing a medical clinic without first obtaining the approval of the electors of the county. The facts in the case are not in dispute. The plaintiffs-appellees are all residents and taxpayers of Rush county. They complain that the board of county commissioners contemplate action...

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