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BOARD OF SEDGWICK COUNTY COMM'RS v. ACTION RENT TO OWN, INC.

No. 79,422.

266 Kan. 293 (1998)

969 P.2d 844

BOARD OF SEDGWICK COUNTY COMMISSIONERS, Appellant, v. ACTION RENT TO OWN, INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1998.

Attorney(s) appearing for the Case

Clarence D. Holeman, assistant county counselor, argued the cause and was on the brief for appellant.

Robert J. O'Connor, of Morrison & Hecker L.L.P., of Wichita, argued the cause, and Matthew D. Flesher, of the same firm, was with him on the briefs for appellee.

Keyta D. Kelly, Leavenworth county counselor at large, was on the brief for amicus curiae Board of Leavenworth County Commissioners.

Thomas R. Docking and James D. Young, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, were on the brief for amicus curiae Board of County Commissioners of Harvey County.

The opinion of the court was delivered by

LOCKETT, J.:

A county appeals the district court's affirmance of an administrative board's order granting an ad valorem tax exemption to a rent-to-own store's inventory of rental furniture under K.S.A. 79-201m. The county claims (1) the administrative board and the district court had no jurisdiction to consider the constitutional tax exemption request under K.S.A. 79-213, and (2) K.S.A. 79-201m does not exempt merchandise...

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