ULLRICH v. BOARD OF THOMAS COUNTY COMM'RS

Nos. 55,684, 55,685

234 Kan. 782 (1984)

676 P.2d 127

ROBERT E. ULLRICH, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF THOMAS COUNTY, KS.; JIMMY NICKEL, CHAIRMAN; VERA SLOAN, MEMBER; AND ERNEST KISTLER, MEMBER; AND THE THOMAS COUNTY HOSPITAL ASS'N., A KANSAS CORPORATION, Defendants-Appellants. AND ROBERT E. ULLRICH, Plaintiff-Appellee, v. JIMMY NICKEL, VERA SLOAN, AND ERNEST KISTLER, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed January 13, 1984.


Attorney(s) appearing for the Case

Zackery E. Reynolds, of Fisher, Ochs and Heck, P.A., of Topeka, argued the cause, and Robert D. Ochs, of the same firm, was with him on the briefs for the appellant.

Ronald S. Shalz, of Shalz, Taylor, Schiffner & Gatz, of Colby, argued the cause, and John D. Gatz, of the same firm, was with him on the brief for the appellee Thomas County Hospital Association.

T.J. Carney, of Turner and Boisseau, Chartered, of Great Bend, argued the cause, and Casey R. Law, of the same firm, was on the brief for the appellees Board of County Commissioners of Thomas County, Kansas; Jimmy Nickel, Chairman; Vera Sloan, Member; and Ernest Kistler, Member.


The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the plaintiff, Robert E. Ullrich, a Thomas County taxpayer, to enjoin the transfer of assets of the Thomas County hospital by the Board of County Commissioners of Thomas County to a private nonprofit corporation, the defendant, Thomas County Hospital Association (TCHA). In a separate action, plaintiff also sued the individual county commissioners to recover the value of all...

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