STATE EX REL. STEPHAN v. BOARD OF LYON COUNTY COMM'RS

No. 55,574

234 Kan. 732 (1984)

676 P.2d 134

STATE OF KANSAS, ex rel. ROBERT T. STEPHAN; WASHBURN UNIVERSITY OF TOPEKA; ALLEN COUNTY COMMUNITY COLLEGE, et al., Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LYON COUNTY, Appellant.

Supreme Court of Kansas.

Opinion filed January 13, 1984.


Attorney(s) appearing for the Case

Jay W. Vander Velde, of Atherton, Sanderson & Vander Velde, of Emporia, argued the cause and was on the briefs for appellant.

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

Kenneth P. Hackler, of Topeka, argued the cause and was on the brief for appellee Washburn University of Topeka.

Robert V. Talkington, of Conderman & Talkington, of Iola, argued the cause and was on the brief for appellees Allen County Community College, et al.


The opinion of the court was delivered by

MILLER, J.:

This is an action in the nature of quo warranto, brought by the attorney general against the Board of County Commissioners of Lyon County to contest the validity of two charter resolutions enacted by the Board. The resolutions exempted Lyon County from paying, as required by certain statutes, out-district tuition to Kansas community colleges and municipal universities. The trial court held the resolutions...

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