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DELIGHT WHOLESALE CO. v. CITY OF PRAIRIE VILLAGE

No. 46,110

208 Kan. 246 (1971)

491 P.2d 910

DELIGHT WHOLESALE COMPANY, a Corporation, and CAROL LAMAN, a Minor, by MERVIN LAMAN, her Father and Next Friend, Appellees, v. THE CITY OF PRAIRIE VILLAGE, KANSAS, a First Class City, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

James R. Hoover, of Prairie Village, argued the cause, and Bernis G. Terry, of Olathe, was with him on the brief for appellant.

John W. Breyfogle, Jr., of Breyfogle, Gardner, Martin, Davis & Kreamer, of Olathe, argued the cause, and Joseph S. Davis, Jr., of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

FATZER, C.J.:

This action was commenced by the appellees to permanently enjoin the appellant, the City of Prairie Village, from enforcing Ordinance No. 1154 which purported to regulate stopping, parking, and selling from vehicles upon the paved portion of the streets of the City between the hours of 7:00 a.m. and 9:00 p.m. The district court declared the ordinance to be arbitrary,

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