M.W. WATSON, INC., Appellee,
v.
THE CITY OF TOPEKA, A MUNICIPAL CORPORATION, Appellant.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed April 10, 1965.
Opinion filed April 10, 1965.
Attorney(s) appearing for the Case
L.M. Cornish, Jr., of Topeka, argued the cause, and George D. Wagstaff, City Attorney, Ralph F. Glenn, J.W. Leuenberger, M.D. Bartlow and Roger R. Viets, all of Topeka, were with him on the briefs for the appellant.
Herbert A. Marshall, of Topeka, argued the cause, and Allen Meyers, Doral H. Hawks, Wayne E. Hundley and E. Gene McKinney, all of Topeka, were with him on the briefs for the appellee.
John Decker, City Attorney of Wichita, and Phillip Mellor, Assistant City Attorney of Wichita, and Arthur N. Turner, City Attorney of Newton, filed a brief amicus curiae.
Robert L. Webb, Ralph W. Oman, Phillip E. Buzick, William B. McElhenny, James D. Waugh, James L. Grimes, Jr., Donald J. Horttor and Terry L. Bullock, all of Topeka, attorneys for Kansas Builders' Chapter, The Associated General Contractors of America, Inc., filed a brief amicus curiae.
Dale M. Bryant, Morris H. Cundiff, Garner E. Shriver and Glenn J. Shanahan, all of Wichita, attorneys for Wichita Division of Kansas Builders Chapter, the Associated General Contractors of America, Inc., filed a brief amicus curiae.
Supreme Court of Kansas.
The opinion of the court was delivered by
FONTRON, J.:
This appeal is brought by the defendant, the City of Topeka, from a judgment of the district court of Shawnee County, Kansas, holding subsection (f) of ordinance 11040 to be unreasonable and, therefore, unconstitutional and void, enjoining its enforcement by the city and ordering the return to plaintiff of all sums paid by him to the clerk of the district court...
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