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MOBILE ACRES, INC. v. KURATA

No. 46,706

211 Kan. 833 (1973)

508 P.2d 889

MOBILE ACRES, INC., Appellant, v. FRED AND VIRGINIA KURATA, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

Edward G. Collister, Jr., of the firm of Collister, Burr & Kampschroeder, of Lawrence, argued the cause and was on the brief for the appellant.

Leonard O. Thomas, of the firm of Weeks, Thomas, Lysaught, Bingham & Johnston Chartered, argued the cause, and John O. Somers, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

The plaintiff, Mobile Acres, Inc., brings this action pursuant to K.S.A. 60-1701, et seq., seeking a declaratory judgment construing the provisions of a lease agreement. The controversy is over who is responsible for the payment of the ad valorem taxes during the lease period, the plaintiff lessee, or the defendant lessors. The trial court entered judgment in favor of the defendants and the plaintiff...

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