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STATE, EX REL., v. CITY OF WICHITA

No. 41,220

184 Kan. 196 (1959)

335 P.2d 786

THE STATE OF KANSAS, ex rel. WARNER MOORE, County Attorney of Sedgwick County, Kansas Appellee, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, FRANK H. BACKSTROM, City Manager, FRED E. DENNY, City License Collector, and C.C. ELLIS, City Clerk, Appellants.

Supreme Court of Kansas.

Opinion filed February 20, 1959.

Attorney(s) appearing for the Case

Thomas A. Wood, Assistant City Attorney of Wichita, argued the cause, and Fred W. Aley, City Attorney, and Robert Helsel, Assistant City Attorney, both of Wichita, were with him on the briefs for appellants.

Harold Irwin, of Wichita, argued the cause, and W.A. Kahrs and Warner Moore, both of Wichita were with him on the briefs for appellee.

Albert B. Martin and Arden K. Ensley, of Topeka, attorneys for The League of Kansas Municipalities, filed a brief amici curiae.

The opinion of the court was delivered by

FATZER, J.:

This was an action by the state of Kansas on the relation of the county attorney of Sedgwick county to enjoin the city of Wichita and certain of its administrative officers, and each of them, from enforcing or attempting to enforce Ordinance No. 23-252 of the city of Wichita, adopted December 31, 1957, and known as the Business License Ordinance. The trial court held the ordinance was void in its entirety...

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