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EKAN PROPERTIES v. WILHM

No. 77,117.

262 Kan. 495 (1997)

939 P.2d 918

EKAN PROPERTIES, Appellee, v. JOHN WILHM, Appellant.

Supreme Court of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

R. Greg Wright, of Carpenter Professional Association, of Topeka, argued the cause, and Edwin P. Carpenter, of the same firm, was with him on the brief for appellant.

Robert E. Hiatt, of Topeka, argued the cause, and Larry T. Hughes, of Topeka, was on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The question in this case is: As between Ekan Properties and John Wilhm, who is entitled to a partial refund of ad valorem taxes paid for the tax years 1989, 1990, and 1991?

Highly summarized, the facts are as follows: Wilhm was a general partner in a partnership which owned real estate in Shawnee County subject to a mortgage. The Resolution Trust Corporation...

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