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IN RE TAX EXEMPTION APPLICATION OF K.S.U. FOUNDATION

No. 92,407.

34 Kan.App. 2d 40 (2005)

IN THE MATTER OF THE APPLICATION OF K.S.U. FOUNDATION FOR EXEMPTION FROM AD VALOREM TAXATION IN RILEY COUNTY, KANSAS.

Court of Appeals of Kansas.

Opinion filed June 24, 2005.

Attorney(s) appearing for the Case

S. Lucky DeFries and Jeffrey A. Wietharn, of Coffman, DeFries & Northern, P.A., of Topeka, for appellant Kansas State University Foundation.

Michael A. Montoya, of Michael A. Montoya, P.A., of Salina, for appellee Riley County.

Before RULON, C.J., HILL and CAPLINGER, JJ.

RULON, C.J.:

The Kansas State University Foundation (Foundation) appeals the denial of its application for an exemption from ad valorem taxation under K.S.A. 2004 Supp. 79-201 Second by the Board of Tax Appeals (BOTA). We affirm.

The underlying facts of this case are undisputed, as the parties stipulated to the pertinent facts during the reconsideration hearing before BOTA.

The Foundation is organized as a not-for-profit, charitable organization...

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