IN RE CHEROKEE COUNTY

No. 76,184.

262 Kan. 941 (1997)

946 P.2d 83

In re CHEROKEE COUNTY, KANSAS HEALTH CARE FACILITY REVENUE BONDS.

Supreme Court of Kansas.

Opinion filed September 19, 1997.


Attorney(s) appearing for the Case

James T. McIntyre, of Law Offices of James T. McIntyre, Chartered, of Wichita, argued the cause and was on the brief for appellant Glenn Mumma.

Donald G. Reinsch, Clark, Mize & Linville, Chartered, of Salina, argued the cause and was on the brief for appellee Sunflower Bank.

Patrick H. Thompson, of Thompson & Heidrick, of Salina, guardian ad litem, argued the cause for unrepresented bondholders.


The opinion of the court was delivered by

DAVIS, J.:

Cherokee County, Kansas, issued revenue bonds for construction of an adult care facility. All bonds were issued on parity secured by the facility. The tenant of the facility defaulted on rent owed, which constituted the sole source of bond repayment. The defendant Glenn Mumma's $50,000 bond matured after default. The trustee appointed by the county sought a declaratory judgment, asking among other things...

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