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RESTAURANTS OF WICHITA, INC., v. CITY OF WICHITA

No. 47,441.

215 Kan. 636 (1974)

527 P.2d 969

RESTAURANTS OF WICHITA, INC., Appellant, v. CITY OF WICHITA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Gerald E. Wells, of Arabia and Wells, of Wichita, argued the cause, and Paul Arabia, of the same firm, was with him on the brief for the appellant.

Richard A. Shull, Assistant City Attorney, argued the cause, and John Dekker, City Attorney, was with him on the brief for the appellee.

John P. Woolf and J. Taylor Neuschwander, of Martin, Pringle, Schell and Fair, of Wichita, were on the brief amicus curiae for James V. Jackson.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the plaintiff-appellant, Restaurants of Wichita, Inc., to enjoin the defendant-appellee, City of Wichita, from revoking a permit issued by the city to the plaintiff to erect a projecting sign which overhangs a public alley approximately four feet. The facts have been fully stipulated by the parties and are not in dispute. They are as follows: On December 28, 1972, the city through...

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