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STATE EX REL. STEPHAN v. MARTIN

No. 53,477

230 Kan. 747 (1982)

641 P.2d 1011

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Petitioner, v. PHILIP W. MARTIN, Director of Property Valuation, Kansas Department of Revenue, Respondent.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

Rodney J. Bieker, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, and Dan Biles, assistant attorney general, were with him on the brief for petitioner.

Carol B. Bonebrake, of the Department of Revenue of the State of Kansas, Legal Services, argued the cause and was on the brief for respondent.

The opinion of the court was delivered by

HOLMES, J.:

This is an original action in quo warranto filed in this court on the petition of the Attorney General of Kansas, to oust the Director of Property Valuation from valuing and assessing oil and gas leases and properties in accordance with K.S.A. 1981 Supp. 79-331 as enacted by the 1979 Legislature. The Attorney General contends the statute, as amended in 1979, is unconstitutional.

This action was...

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