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DELIGHT WHOLESALE CO. v. CITY OF OVERLAND PARK

No. 45,282

203 Kan. 99 (1969)

453 P.2d 82

DELIGHT WHOLESALE CO., a Corporation, and ROBERT C. FULLER, JR., a Minor, by R.C. FULLER, His Father and Next Friend, Appellants, v. THE CITY OF OVERLAND PARK, KANSAS, a First Class City, Appellee.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

John W. Breyfogle, Jr., of Olathe, argued the cause, and Joseph S. Davis, Jr., of Olathe, was with him on the brief for the appellants.

Donald C. Amrein, of Mission, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment denying relief in an action to enjoin the enforcement of an ordinance prohibiting huckstering and peddling on the public streets of Overland Park, Kansas.

On July 19, 1965, the governing body of the city of Overland Park, a city of the first class, passed an ordinance to become effective January 1, 1966. Section 1 of the ordinance reads:

"It shall hereafter...

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