Mid-Central/Sysco Food Services v. Board of Tax Appeals

Lewis, J.:

This is an appeal by Johnson County from a decision of the district court holding that an indenture of trust issued pursuant to an industrial revenue bond issue is not subject to a mortgage registration fee.

This case is the latest in a series of cases which have involved the question of whether a certain instrument issued in connection with an industrial revenue bond issue was a mortgage and, if so, whether it was subject to payment of a mortgage registration fee as a prerequisite to the recording of such instrument.

The Kansas Supreme Court in Misco Industries, Inc. v. Board of…