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IN RE CITY OF GARNETT/EAST KANSAS

No. 97,619.

177 P.3d 1279 (2008)

In the Matter of the Application of CITY OF GARNETT/EAST KANSAS AGRI-ENERGY, L.C.C., for Exemption from Ad Valorem Taxation in Anderson County, Kansas.

Court of Appeals of Kansas.

March 14, 2008.

Attorney(s) appearing for the Case

Victor W. Miller, of Topeka, for appellant Anderson County.

J. Eugene Balloun and Toby J. Crouse, of Shook, Hardy & Bacon L.L.P., of Kansas City, Missouri, and Scott W. Anderson, of Gilmore & Bell PC, of Kansas City, Missouri, for appellee City of Garnett/East Kansas Agri-Energy, L.L.C.

Before MARQUARDT, P.J., MALONE, J. and BRAZIL, S.J.

MALONE, J.

Anderson County, Kansas (County), appeals the Kansas Board of Tax Appeals' (BOTA) decision granting the City of Garnett's (City) application for exemption from ad valorem taxation of an ethanol manufacturing plant leased by City to East Kansas Agri-Energy, L.L.C. (East Kansas). This appeal raises no substantive issues about the merits of BOTA's decision granting the application for ad valorem tax exemption. Instead, County raises only procedural issues...

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