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EXECUTIVE AIRCRAFT CONSULTING, INC. v. CITY OF NEWTON

No. 67,889

252 Kan. 421 (1993)

845 P.2d 57

EXECUTIVE AIRCRAFT CONSULTING, INC., Appellee, v. THE CITY OF NEWTON, KANSAS, and THE COUNTY OF HARVEY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed January 22, 1993.

Attorney(s) appearing for the Case

Robert D. Myers, of Robert D. Myers, P.A., of Newton, argued the cause, and Craig D. Cox, county counselor, was with him on the brief for appellants.

David C. Burns, of Speir, Stroberg, Sizemore, Burns & Gillmore, P.A., Newton, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

Executive Aircraft Consulting, Inc., (Executive Aircraft) filed a declaratory judgment action, challenging the legality of a "fuel flowage fee," which the City of Newton and Harvey County (defendants) had adopted by ordinance. The trial court found that this fee on all aviation fuel transported onto the premises of the Newton City-County Airport (Airport) was an...

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