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IN RE BOARD OF JOHNSON COUNTY COMM'RS

No. 49,869

225 Kan. 517 (1979)

592 P.2d 875

In the matter of the appeal of Clay L. Wirt, Robert C. Bacon, and John J. Franke, Jr., as the Board of County Commissioners of the County of Johnson, Kansas; Prather H. Brown, Jr., as the County Appraiser of said County; Edna C. Craig as the County Treasurer of said County; and Donald Curry, as County Clerk of said County, from a decision of the Board of Tax Appeals of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed March 31, 1979.

Attorney(s) appearing for the Case

Ronald E. Manka, of Lathrop, Koontz, Righter, Clagett, Parker & Norquist, of Kansas City, Missouri, argued the cause, and James R. Hubbard, of Breyfogle, Gardner, Martin, Davis & Kreamer, of Olathe, was with him on the brief for appellants.

Bruce F. Landeck, of Lowe, Terry & Roberts, of Olathe, argued the cause and Lyndus A. Henry, county counselor, was with him on the brief for appellees.

Wayne E. Hundley, of Topeka, filed a brief amicus curiae for Director of Division of Property Valuation, Department of Revenue.

Wayne T. Stratton, of Goodell, Cogswell, Stratton, Edmonds, Palmer & Wright, of Topeka, filed a brief amicus curiae for Kansas Hospital Association.

The opinion of the court was delivered by

HOLMES, J.:

This appeal arises out of applications filed by Martin Psychiatric Research Foundation, Inc. (Martin Psychiatric) and Mid-Continent Hospitals, Inc. (Mid-Continent) with the Board of Tax Appeals seeking a determination that certain leased real and personal property in Johnson County is exempt from all ad valorem and property taxes levied under the laws of the State. The Board of Tax Appeals ruled the property...

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