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GRIGSBY v. MITCHUM

No. 43,179

191 Kan. 293 (1963)

380 P.2d 363

KENNETH E. GRIGSBY, F.W. MARTINIK, F.J. FINLEY, L.W. BLANABARD, JAMES PITTY, MARVIN FOSTER, FRED POJE, K. CONNER, ALVIS RANDOLPH, FLOSSIE MARIPIN, B.E. GREENWOOD, NEAL SCOTT, HENRY F. DOYLE, ALBERT POJE, E.S. FABAC, PAUL PAINE, ELWOOD PHILLIPS, S.E. PHILLIPS, D.C. RICHARDS, ED HAMEL, FRANK E. PRINGLE and JAMES B. VAN FLEET, JR., Appellees, v. PAUL F. MITCHUM, Mayor of the City of Kansas City, Kansas, EARL B. SWARNER, Health and Finance Commissioner of the City of Kansas City, Kansas, JOSEPH P. REGAN, Street Commissioner of the City of Kansas City, Kansas, JOHN THEROFF, Chief of Police of the City of Kansas City, Kansas, and JOHN O. SLAUGHTER, Chief, License Department of the City of Kansas City, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

George W. Haley, of Kansas City, argued the cause, and C.W. Brenneisen, Jr., City Attorney, Joseph A. Bukaty, James B. Flack and Matthew G. Podrebarac, all of Kansas City, were with him on the brief for the appellants.

William M. Cook, of Kansas City, argued the cause, and Roy Cook, also of Kansas City, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action challenging the constitutional validity of a municipal ordinance of Kansas City, Kansas, requiring a license for the operation of pinball machines. The trial court held the ordinance unconstitutional, and appeal has been duly perfected by the city.

The plaintiffs (appellees) operate small businesses varying in type within the confines...

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