CITY OF KANSAS CITY v. CARLSON

No. WD 72198.

328 S.W.3d 323 (2010)

CITY OF KANSAS CITY, Missouri, Respondent, v. Georgia J. CARLSON, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 7, 2010.

Application for Transfer Denied January 25, 2011.


Attorney(s) appearing for the Case

Jonathan Sternberg , Kansas City, MO, for Appellant.

Megan Pfannenstiel and Lowell C. Gard , Assistant City Prosecutors, Kansas City, MO, for Respondent.

Before Division II: JOSEPH M. ELLIS, Presiding Judge, and ALOK AHUJA and KAREN KING MITCHELL, Judges.


KAREN KING MITCHELL, Judge.

Georgia Jean Carlson appeals the judgment of the Circuit Court of Jackson County ("trial court") finding that Carlson violated Kansas City's anti-smoking ordinance, No. 080073, and fining her $50. Carlson claims that Health Department officer Aaron Nieft, who gave Carlson the notice of violation, was without authority to do so because he is not a Kansas City police officer. Carlson's notice of violation and the information subsequently...

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