Duggan v. Navart

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal from the dismissal of a class action brought by the taxpayers of Rural High School District No. 4, Marion County (appellants), against the defendants (appellees) to recover taxes paid under protest that had been levied pursuant to the provisions of K. S. A. 72-5715.

The basic issue presented is whether or not the appellants’ taxable tangible property was properly subjected to a levy for the “special high-school equalization fund” authorized by the statute. The facts are undisputed.

Late in 1964 and early in 1965 Marion…