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BOARD OF OSAGE COUNTY COMM'RS v. SCHMIDT

No. 61,565

12 Kan. App. 2d 812 (1988)

758 P.2d 254

BOARD OF COUNTY COMMISSIONERS OF OSAGE COUNTY, KANSAS, Appellee, v. ESLEY EARL SCHMIDT and MILDRED RUTH SCHMIDT, Appellants.

Court of Appeals of Kansas.

Petition for review denied September 27, 1988.

Attorney(s) appearing for the Case

Stephen Jones, of Coffman, Jones & Gilliland, of Lyndon, for the appellants.

James W. Lusk, county attorney, for the appellee.

Before DAVIS, P.J., BRISCOE and LARSON, JJ.

DAVIS, J.:

Esley Earl Schmidt and Mildred Ruth Schmidt appeal from a summary judgment in a tax foreclosure action filed by the Osage County Board of Commissioners (Board) pursuant to K.S.A. 79-2801 et seq. The Schmidts contend that the trial court erroneously refused to consider their defense of constructive fraud in the valuation and assessment of their property.

The dispositive issue on appeal is whether the Schmidts are precluded from raising their...

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