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JOSEPH v. McNEIVE

No. 47,243

215 Kan. 270 (1974)

524 P.2d 765

CHARLES B. JOSEPH; RALPH McCARTY; EUGENE E. LEE; HOWARD F. LAWRENCE and RUDOLPH E. STEPHEN, Board of Tax Appeals of State of Kansas, Appellants, v. A.A. McNEIVE; TOM COOPER and GERALD BERAN, County Commissioners of Barton County; MRS. LEEDY MYERS, County Treasurer of Barton County, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

H.D. Oelschlaeger, staff attorney, of Topeka, argued the cause, and Gary A. Savaiano, chief attorney, of Topeka, was with him on the brief for appellants.

John M, Russell, county attorney, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

FATZER, C.J.:

At issue in this appeal is whether the State Board of Tax Appeals may be sued.

This action stems from a tax protest filed by 366 residents of Barton County, Kansas, who protested their 1971 ad valorem tax assessments. The protestants made application for a hearing before the State Board of Tax Appeals pursuant to K.S.A. 79-2005. Hearings were held by the Board in the city of Great Bend, Kansas...

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