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IN RE EOG RESOURCES, INC.

No. 104,631.

265 P.3d 1207 (2011)

46 Kan. App. 2d 821

In The Matter of the Equalization Appeals of EOG RESOURCES, INC. for the Year 2007 in Seward County, Kansas and In The Matter of the Equalization Appeals of EOG Resources, Inc. for the Year 2008 in Seward County, Kansas.

Court of Appeals of Kansas.

November 10, 2011.

Attorney(s) appearing for the Case

James D. Oliver , of Foulston Siefkin LLP, of Overland Park, and Charles R. Curran , and Scott C. Palecki , of the same firm, of Wichita, for appellant EOG Resources, Inc.

Daniel H. Diepenbrock , of Law Office of Daniel H. Diepenbrock, P.A., of Liberal, for appellee Seward County.

Before GREENE, C.J., GREEN, J., and LARSON, S.J.

GREENE, C.J.

EOG Resources, Inc. (EOG) appeals a decision of the Kansas Court of Tax Appeals (COTA) establishing the value for ad valorem tax purposes of six oil and gas leasehold interests located in Seward County (County) for tax years 2007 and 2008. EOG argues that COTA erred as a matter of law or acted in a manner that was arbitrary, capricious, and unreasonable by failing to exclude the phenomena of flush production...

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