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LABETTE COMMUNITY COLLEGE v. BD OF CRAWFORD CTY COMM'RS

No. 72,062

258 Kan. 622 (1995)

LABETTE COMMUNITY COLLEGE, Appellee, and KANSAS STATE BOARD OF EDUCATION, Involuntary Plaintiff/Appellee, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CRAWFORD and CRYSTI ORENDER, Appellants. FORT SCOTT COMMUNITY COLLEGE, Appellee, and KANSAS STATE BOARD OF EDUCATION, Involuntary Plaintiff/Appellee, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CRAWFORD and CRYSTI ORENDER, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1995.

Attorney(s) appearing for the Case

Richard D. Loffswold, Jr., of Girard, argued the cause and was on the brief for appellants.

Jeffry L. Jack, of Dearth, Markham & Jack, Chtd., of Parsons, argued the cause for appellee Labette Community College.

David D. Mullies, of Hudson & Mullies, L.L.C., of Fort Scott, argued the cause for appellee Fort Scott Community College.

Dan Biles, of Gates & Clyde, Chartered, of Overland Park, argued the cause, and Randall L. Manvitz and Rodney J. Bieker, of the same firm, were with him on the brief for appellee Kansas State Board of Education.

The opinion of the court was delivered by

LOCKETT, J.:

Companion cases were filed by two community colleges against the Board of County Commissioners of Crawford County to collect unpaid out-district tuition. See K.S.A. 71-301(b). The County Commissioners argued that the amounts claimed had been improperly calculated and that the statutes which required the county to pay out-district tuition violated both the United States Constitution and the Kansas Constitution...

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