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BOARD OF GREENWOOD COUNTY COMM'RS v. NADEL

No. 50,361

228 Kan. 469 (1980)

618 P.2d 778

HAROLD VAUGHN, RAYMOND D. FLUMMER and LEE HENDERSON, as the BOARD OF COUNTY COMMISSIONERS OF GREENWOOD COUNTY, KANSAS, MARILYN WILSON, as the COUNTY CLERK-ASSESSOR of said County, and VIRGINIA L. CONNELL, as the COUNTY TREASURER of said County, Appellants and Cross-Appellees, v. I. NADEL and HERBERT GUSSMAN, a Partnership, d/b/a NADEL AND GUSSMAN; the BOARD OF TAX APPEALS OF THE STATE OF KANSAS; and JAMES COBLER, as the DIRECTOR OF ACCOUNTS AND REPORTS, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed November 1, 1980.

Attorney(s) appearing for the Case

Bernis G. Terry, of Lowe, Terry & Roberts, of Olathe, argued the cause and was on the brief for the appellants.

Robert J. O'Connor, of Hershberger, Patterson, Jones & Roth, of Wichita, was on the brief for appellees Nadel and Gussman.

Curt T. Schneider, attorney general, Charles A. Briscoe, deputy attorney general, and Clarence J. Malone, assistant attorney general, were on the brief for appellee James Cobler, Director of Accounts and Reports.

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

OPINION ON REHEARING

SYLLABUS BY THE COURT

1. STATUTES — Constitutionality — Presumption — Construction by Courts. We start with the proposition that the constitutionality of a statute is presumed; that all doubts must be resolved in favor of its validity, and before the statute may be stricken, it must clearly appear the statute violates the Constitution. It is the court's duty to uphold the statute under attack, if possible, rather...

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