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HAMPTON v. CITY OF WICHITA

No. 43,467

192 Kan. 534 (1964)

389 P.2d 757

NOAH HAMPTON, an Individual, d.b.a. NOAH HAMPTON HAY & FEED, Appellant, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, RUSSELL McCLURE, City Manager; CARL BELL, JR., Mayor; C.H. FUNK, City Clerk; RALPH KLOSE, City Treasurer, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

Harold Irwin, of Wichita, argued the cause, and was on the briefs for the appellant.

Eugene L. Pirtle, of Wichita, argued the cause, and Fred W. Aley and John Dekker, of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

The City of Wichita, defendant (appellee), enacted an ordinance for revenue purposes, levying a tax upon trades, occupations and businesses conducted within the city. From the district court's refusal to invalidate the ordinance and enjoin its enforcement, the plaintiff (appellant), Noah Hampton, an individual, doing business as Noah Hampton Hay & Feed, appeals.

On July 31, 1962, the city adopted...

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