BOARD OF JOHNSON COUNTY COMM'RS v. SMITH

No. 68,683

18 Kan. App. 2d 662 (1993)

857 P.2d 1386

BOARD OF COUNTY COMMISSIONERS, COUNTY APPRAISER, COUNTY TREASURER, and COUNTY CLERK OF JOHNSON COUNTY, KANSAS, Appellants, v. THOMAS H. SMITH, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed August 13, 1993.


Attorney(s) appearing for the Case

Lisa R. Wetzler and Rebecca A. Sanders, of the Johnson County Legal Department, of Olathe, for appellants.

Steven B. Moore, of Watson, Ess, Marshall & Enggas, of Olathe, for appellees.

Before BRISCOE, C.J., RULON and GREEN, JJ.


RULON, J.:

The Johnson County Board of County Commissioners, the Johnson County Appraiser, the Johnson County Treasurer, and the Johnson County Clerk, petitioners, appeal a decision of the State Board of Tax Appeals (BOTA), as affirmed by the district court, classifying 2.26 acres owned by the respondents Thomas H. Smith, Margie E. Smith, James D. Neighbors, and Eleanor J. Neighbors, as agricultural land instead of vacant land. We affirm.

Essentially, we must...

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