U.S.D. NO. 490 v. BOARD OF BUTLER COUNTY COMM'RS

No. 57,633

237 Kan. 6 (1985)

697 P.2d 64

UNIFIED SCHOOL DISTRICT No. 490, Butler County, Kansas, Petitioner, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, KANSAS; J.W. SIMMONS, ELDON PHILLIPS, and TOM LINOT, as members of said commission and their respective successors in office; BETTY ORR, as county treasurer of Butler County, Kansas, Respondents.

Supreme Court of Kansas.

Opinion filed March 28, 1985.


Attorney(s) appearing for the Case

Ervin E. Grant, of Grant & Hart, P.A., of El Dorado, argued the cause and was on the brief for the petitioner.

Robert J. O'Connor, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause and was on the brief for respondents and on the brief amicus curiae for Certain Kansas Counties.

Patricia E. Baker, senior legal counsel, and Joseph M. Furjanic, staff legal counsel, were on the brief amicus curiae for Kansas Association of School Boards.

James M. Kaup, of Topeka, was on the brief amicus curiae for League of Kansas Municipalities.

Steven R. Wiechman, of Topeka, was on the brief amicus curiae for Kansas Association of Counties.


The opinion of the court was delivered by

HERD, J.:

This is an original action in mandamus brought by U.S.D. No. 490, Butler County against the Board of County Commissioners of Butler County. This action is prompted by the refusal of Butler County officials to remit to U.S.D. No. 490 the interest portion of a settlement in United States District Court of the Atchison, Topeka & Santa Fe Railroad Company, et al...

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