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STATE EX REL. SCHNEIDER v. KENNEDY

No. 50,263

225 Kan. 13 (1978)

587 P.2d 844

STATE OF KANSAS ex rel. CURT T. SCHNEIDER, Attorney General, Petitioner, v. THOMAS J. KENNEDY, Director, Alcoholic Beverage Control, Respondent, THE KANSAS HOTEL AND MOTEL ASS'N, INC., Intervenor.

Supreme Court of Kansas.

Opinion filed December 5, 1978.

Attorney(s) appearing for the Case

John R. Martin, first deputy attorney general, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the petitioner.

Benjamin J. Neill, of department of revenue, argued the cause, and Alan F. Alderson, of department of revenue, was with him on the brief for the respondent.

Charles N. Henson, of Eidson, Lewis, Porter & Haynes, argued the cause, and Richard F. Hayse, of the same firm, was with him on the brief for the intervenor.

Paul Arabia, of Wichita, was on the brief amici curiae, for The Portobello Club, Inc., and Down Home, Inc.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an original action in quo warranto brought by the attorney general challenging the authority of the Director of the Alcoholic Beverage Control Board to issue licenses to class B clubs where liquor may be sold and served in conjunction with the sale and consumption of food.

The issue in this case is whether the 1978 legislative amendments to K.S.A. 41-2601 et seq., and K.S.A....

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