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STATE, EX REL., v. MINNEOLA HOSPITAL DISTRICT

No. 39,563

177 Kan. 238 (1954)

277 P.2d 607

STATE, ex rel., HAROLD R. FATZER, Attorney General of the state of Kansas, Appellee, v. THE MINNEOLA HOSPITAL DISTRICT, a purported hospital district of Clark County, Kansas; R.B. Tedford, R.D. Milam, George Booher, Wm. Dufford, and J.R. Hill, individually and as the Board of Directors of such purported Hospital District, Appellants.

Supreme Court of Kansas.

Opinion filed December 11, 1954.

Attorney(s) appearing for the Case

Robert M. Baker, of Ashland, argued the cause, and J.V. Severe, also of Ashland, was with him on the brief for the appellants.

Chas. Vance, of Liberal, Special Assistant Attorney General, argued the cause, and Harold R. Fatzer, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action instituted by the state on the relation of the attorney general to test the validity of the establishment of the Minneola Hospital District, hereafter referred to as the district.

The district court rendered judgment that the establishment of the district by the board of county commissioners of Clark county was a nullity and the district perfected its appeal to this court.

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