OWSLEY, J.:
This is an action instituted by the plaintiff pursuant to K.S.A. 79-2005 (now K.S.A. 1973 Supp. 79-2005) for taxes paid for the year 1969 under protest. The plaintiff alleges his property was illegally assessed for tax purposes at forty-three percent of the fair market value, which resulted in a tax so excessive in relation to the assessment of all other property...
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