KANSAS EAST CONF. OF THE UNITED METHODIST CHURCH v. BETHANY MED. CTR.

No. 80,274.

266 Kan. 366 (1998)

969 P.2d 859

THE KANSAS EAST CONFERENCE OF THE UNITED METHODIST CHURCH, INC., Appellant/Cross-appellee, v. BETHANY MEDICAL CENTER, INC., Appellee/Cross-appellant, and STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1998.


Attorney(s) appearing for the Case

Stewart L. Entz, of Entz & Chanay, P.A., of Topeka, argued the cause, and Jeffrey A. Chanay and Michael L. Entz, of the same firm, and Kris W. Kobach, of Kansas City, Missouri, were with him on the briefs for appellant.

Reid F. Holbrook, of Holbrook, Heaven & Osborn, P.A., of Kansas City, argued the cause, and Thomas M. Sutherland, Daniel W. Peters, and Lynaia M. Holsapple, of the same firm, and Robert T. Stephan, of Lenexa, were with him on the briefs for appellee/cross-appellant Bethany Medical Center, Inc.

David E. Everson, of Stinson, Mag & Fizzell, P.C., of Kansas City, Missouri, argued the cause, and Carrie L. Mulholland, of the same firm, Carla J. Stovall, attorney general, and John W. Campbell, senior deputy attorney general, were with him on the brief for appellee State of Kansas.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an action for declaratory judgment brought by the Kansas East Conference of the United Methodist Church, Inc., (the Conference) seeking an order that would dissolve Bethany Medical Center, Inc., (Bethany) and distribute its assets, which consist primarily of the hospital sale proceeds, to the Conference. After a bench trial, the district court entered judgment that Bethany should not be dissolved...

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