CITIES SERV. OIL CO. v. BOARD OF COUNTY COMM'RS

No. 49,669

224 Kan. 183 (1978)

578 P.2d 718

CITIES SERVICE OIL COMPANY, a corporation, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF RICE COUNTY, KANSAS, DALE O. EVANS, CECIL J. JOHNSON, and HOWARD HODGSON, As Members of Said Commission and Their Respective Successors in Office; JEAN WILLIAMS, As County Treasurer of Rice County, Kansas, and Her Successor in Office, Defendants.

Supreme Court of Kansas.

Opinion filed May 6, 1978.


Attorney(s) appearing for the Case

Glenn D. Cogswell, of Topeka, argued the cause and Victor K. Kulp, of Tulsa, Oklahoma, was with him on the brief for plaintiff.

James G. Kahler, county attorney, argued the cause and was on the brief for defendants.

Donald R. Hoffman, assistant attorney general, argued the cause and Curt T. Schneider, attorney general, and Clarence J. Malone, assistant attorney general, were with him on the brief for the State of Kansas.

Robert E. Duncan, II, of Topeka, was on the brief amicus curiae for The State Board of Tax Appeals.


The opinion of the court was delivered by

HOLMES, J.:

This is an original action in mandamus filed in this court pursuant to Article 3, Section 3 of the Constitution of the State of Kansas and K.S.A. 60-801, et seq. We accepted jurisdiction.

The State Board of Tax Appeals was granted leave to file an amicus curiae brief and the State of Kansas was granted leave to enter an appearance by and through...

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