TOPEKA CEMETERY ASS'N v. SCHNELLBACHER

No. 47,690

218 Kan. 39 (1975)

542 P.2d 278

TOPEKA CEMETERY ASSOCIATION, Plaintiff-Appellee, v. GEORGE SCHNELLBACHER, Assessor, Shawnee County, Kansas, Respondent-Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1975.


Attorney(s) appearing for the Case

Matthew J. Dowd, county counselor, argued the cause, and was on the brief for the respondent-appellant.

Hart Workman, of Crow and Skoog, of Topeka, argued the cause, and Sam A. Crow, of the same firm, was with him on the brief for the plaintiff-appellee.


The opinion of the court was delivered by

PRAGER, J.:

This is an action by a taxpayer attacking a statutory tax exemption on the ground that it is discriminatory and hence in violation of the Kansas Constitution. The facts in the case have been stipulated and essentially are as follows: The Topeka Cemetery Association, plaintiff-appellee, is a Kansas cemetery corporation created pursuant to statute. The cemetery association...

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