(Download) "Mcmanaman v. Board of County Commissioners" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Mcmanaman v. Board of County Commissioners
- Author : Supreme Court of Kansas
- Release Date : January 11, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The opinion of the court was delivered by The plaintiffs (appellants) are owners of real estate in Ford
county. A portion of their land is situated in Unified School
District No. 225, which has within its boundaries real estate
located in Ford, Meade, and Gray counties. Pursuant to the
procedure outlined in K.S.A. 79-2005, plaintiffs protested
payment of the second half of their 1967 taxes due the school
district and the State of Kansas, claiming the same to be illegal
and void because unequal rates of assessment of property within
the same taxing unit or district were applied by the various
counties. Within the statutory time plaintiffs commenced an action in
Ford county district court to recover the taxes paid under
protest. Plaintiffs joined as defendants in the action the
officials of Ford county, the school district, and the state
director of property valuation. The school district, the county
clerk, and board of county commissioners filed separate motions
to be dismissed as defendants for the reason they were neither
indispensable, necessary, nor proper parties. Before the motions
were ruled on, the district court, on its own initiative,
dismissed the action on the basis the court lacked jurisdiction
over the subject matter under the facts alleged in the petition,
citing as authority Harshberger v. Board of County
Commissioners, 201 Kan. 592, 442 P.2d 5.
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