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IN RE APPLICATION OF ZIVANOVIC

No. 73,890.

261 Kan. 191 (1996)

929 P.2d 1377

In the Matter of the Application of JUDITH K. ZIVANOVIC for Relief from Mortgage Registration Fees Paid in Riley County, Kansas.

Supreme Court of Kansas.

Opinion filed December 20, 1996.

Attorney(s) appearing for the Case

Lewis A. Heaven, Jr., of Holbrook, Heaven & Fay, P.A., of Merriam, argued the cause, and Dan H. Myers, of Myers, Pottroff & Ball, of Manhattan, was on the brief for appellant Riley County Board of Commissioners.

No appearance by appellee Zivanovic.

Lewis A. Heaven, Jr., of Holbrook, Heaven & Fay, P.A., of Merriam, was on the brief for amicus curiae Kansas Register of Deeds Association.

The opinion of the court was delivered by

ABBOTT, J.:

We granted a petition for review in this case to determine whether the mortgagee is subject to a mortgage registration fee pursuant to K.S.A. 1993 Supp. 79-3102(d)(3). In this case, the mortgagor's principal indebtedness was included in a previously recorded mortgage on which the mortgagee had already paid a mortgage registration fee. The original lender/mortgagee then

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