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GT, KANSAS, L.L.C. v. RILEY COUNTY REGISTER OF DEEDS

No. 83,692.

271 Kan. 311 (2001)

22 P.3d 600

GT, KANSAS, L.L.C., Appellee, v. RILEY COUNTY REGISTER OF DEEDS, Appellant.

Supreme Court of Kansas.

Opinion filed April 27, 2001.

Attorney(s) appearing for the Case

Lewis A. Heaven, Jr., of Holbrook, Heaven & Osborn, P.A., of Merriam, argued the cause, and Richard J. Plouff, of the same firm, and Stan Morgan, of Manhattan, were with him on the briefs for appellant.

Charles S. Arthur, III, of Arthur-Green, L.L.P., of Manhattan, argued the cause, and William J. Bahr, of the same firm, was with him on the briefs for appellee.

Lewis A. Heaven, Jr., and Richard J. Plouff, of Holbrook, Heaven & Osborn, P.A., of Merriam, were on the brief for amicus curiae Kansas Register of Deeds Association.

The opinion of the court was delivered by

LARSON, J.:

We accepted the petition for review in this case to resolve a continuing controversy over the statutory exemption from payment of the mortgage registration fee when an existing indebtedness secured by a previously recorded mortgage upon which the mortgage registration fee has been paid is refinanced.

The statutory provision which is at issue in this appeal...

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