THOMAS COUNTY TAXPAYERS ASS'N v. FINNEY

No. 49,297

223 Kan. 434 (1978)

573 P.2d 1073

THOMAS COUNTY TAXPAYERS ASSOCIATION, et al., Appellants, v. JOAN FINNEY, TREASURER OF THE STATE OF KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 21, 1978.


Attorney(s) appearing for the Case

Kenneth Clark, of Clark & Shelton, of Hill City, argued the cause and was on the brief for appellants.

Joel R. Kriss, of Cooper, Shalz & Kriss, of Colby, argued the cause, and Ronald S. Shalz of Cooper, Shalz & Kriss, of Colby, and John S. Dean, Jr. and W. Edward Nichols, of Dean and Nichols, of Topeka, were with him on the brief for appellees.

Curt T. Schneider, attorney general, and Jonathan P. Small, assistant attorney general, were on the brief for the Attorney General of Kansas, amicus curiae.


The opinion of the court was delivered by

HOLMES, J.:

This action was instituted by a group of taxpayers (appellants) under K.S.A. 60-907(a) seeking an injunction preventing defendants from issuing hospital bonds in the amount of $3,760,000.00 under the provisions of K.S.A. 1976 Supp. 19-1878. They now appeal from an order sustaining defendants' motion for summary judgment and overruling plaintiffs' motion for summary judgment.

G.S. 1939 Supp...

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