Legal Opinion

Kansas Masonic Home v. Board of County Commissioners

Supreme Court of Kansas

Decided February 12, 1910No. 16,554PublishedCited by 31 opinions

Appeal from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The appellant filed its petition in the district court of Sedgwick county against the board of county commissioners, county clerk and county treasurer of that county.

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Appeal from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The appellant filed its petition in the district court of Sedgwick county against the board of county commissioners, county clerk and county treasurer of that county. In its petition the plaintiff alleges that it is a corporation duly organized and existing under the laws of the state of Kansas, and also alleges the official character of the defendants; that the plaintiff is the owner of a tract of land of about fifteen acres, duly described, upon which it has valuable and lasting improvements, consisting of buildings…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

The plaintiff’s claim for the exemption of its property from taxation must be justified if at all by section 1 of article 11 of the constitution of Kansas. The satutory provision relating to such exemptions is found in the third subhead of section 2 of chapter 408 of the Laws of 1907. In the statute the area of land exempt from taxation to any scientific, literary or benevolent association used for the specified purposes is limited to five acres. The constitutional provision, however, is not so limited. It provides:

“The legislature shall…

Also in this document: Dissent.

2Cited by31 opinions

  1. Ancient v. Board of County CommissionersNebraska Supreme Court · 1932
  2. Topeka Presbyterian Manor, Inc. v. Board of County CommissionersSupreme Court of Kansas · 1965
  3. Trustees of the United Methodist Church v. CogswellSupreme Court of Kansas · 1970
  4. Beta Theta PI Corp. v. Board of Com'rs of Cleveland CountySupreme Court of Oklahoma · 1925
  5. Horton v. Colorado Springs Masonic Building SocietySupreme Court of Colorado · 1917

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