(Download) "Joe Self Chevrolet v. Board of Sedgwick Cty. Comm'Rs" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Joe Self Chevrolet v. Board of Sedgwick Cty. Comm'Rs
- Author : Supreme Court of Kansas
- Release Date : January 07, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
The opinion of the court was delivered by The Board of County Commissioners of Sedgwick County, Kansas,
(Sedgwick County) appeals the Sedgwick County District Court's
ruling that K.S.A. 79-2111 is unconstitutional as it violates the
due process requirement of the Fourteenth Amendment of the United
States Constitution and sections 1, 2, and 18 of the Kansas
Constitution Bill of Rights. Sedgwick County argues that: (1) Joe
Self Chevrolet, Inc., (Joe Self) has no standing to sue, and (2)
K.S.A. 79-2111 does not violate due process requirements. Joe
Self cross-appeals, claiming: (1) K.S.A. 79-2111 denies equal
protection and (2) Sedgwick County's procedures under K.S.A.
79-2111 are contrary to legislative intent. The appeal includes
issues that were raised in the district court but not determined. On September 28, 1988, Joe Self sold a 1980 GMC Suburban to
George and Janet Hays, who registered the title to the truck in
joint tenancy. Joe Self financed the Hayses' purchase of the
truck and perfected its security interest. At the time of
purchase, George's lawn business, Hays Lawn Service, owed
delinquent personal property taxes for the years 1979-1987, and
George owed delinquent personal property taxes for the tax years
1979, 1981, and 1983-1987. Tax warrants had been issued and filed
with the clerk of the district court against Hays Lawn Service
and George. On October 7, 1988, an execution to collect a portion
of the $18,517.64 due for delinquent personal property taxes from
the lawn service and George resulted in the seizure of the GMC
truck.