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CITY OF BAXTER SPRINGS v. BRYANT

No. 50,747

226 Kan. 383 (1979)

598 P.2d 1051

THE CITY OF BAXTER SPRINGS, KANSAS, Appellant, v. HARRY L. BRYANT, Appellee.

Supreme Court of Kansas.

Opinion filed August 9, 1979.

Attorney(s) appearing for the Case

Mark L. Bennett, Jr., of Topeka, argued the cause, and Merle Duncan, Jr., of Baxter Springs, was with him on the brief for the appellant.

David F. Brewster, of Baxter Springs, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

The City of Baxter Springs appeals from an order of the Cherokee District Court declaring two sections of a Baxter Springs ordinance unconstitutional, and dismissing six complaints charging the defendant, Harry L. Bryant, with violations of that ordinance. We are asked to review the trial court's ruling.

Bryant is the proprietor of an establishment known as the Sugar Bear Disco, which he has operated...

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