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MISCO INDUSTRIES, INC. v. BD. OF SEDGWICK CTY. COMM'RS

No. 56,190

235 Kan. 958 (1984)

685 P.2d 866

MISCO INDUSTRIES, INC., and CITY OF WICHITA, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK; BETTE F. McCART, REGISTER OF DEEDS OF SEDGWICK COUNTY, KANSAS; and JERRY THRELFALL, TREASURER OF SEDGWICK COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed July 13, 1984.

Attorney(s) appearing for the Case

Richard A. Euson, assistant county counselor, argued the cause and was on the briefs for appellants.

Richard W. Stavely, of Wichita, argued the cause and was on the briefs for appellee Misco Industries, Inc.

Bernis G. Terry, assistant county counselor and Philip S. Harness, county counselor, were on the brief of amici curiae for the Board of County Commissioners of the County of Johnson and Rubie M. Scott, Register of Deeds of Johnson County.

The opinion of the court was delivered by

LOCKETT, J.:

The Sedgwick County Register of Deeds required, as a condition of filing the Notice of lease agreement, payment of the mortgage registration tax. K.S.A. 1983 Supp. 79-3102. Misco Industries, Inc. (Misco) paid the tax under protest and filed an action against the defendants, Board of Sedgwick County Commissioners (Board), for recovery thereof. The district court granted plaintiffs judgment. Defendants appeal...

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