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CITY OF OVERLAND PARK v. ESTELL & McDIFFETT

Nos. 50,189, 50,190 CONSOLIDATED

225 Kan. 599 (1979)

592 P.2d 909

CITY OF OVERLAND PARK, KANSAS, Appellant, v. REGINALD ESTELL, and CYNTHIA ANN McDIFFETT, Appellees.

Supreme Court of Kansas.

Opinion filed March 31, 1979.

Attorney(s) appearing for the Case

Neil Shortlidge, assistant city attorney for the City of Overland Park, argued the cause, and Michael D. Mance, assistant city attorney, was on the brief for the appellant.

No appearance by the appellees.

Lyndus A. Henry, county counselor, was on the brief for the Johnson County Board of County Commissioners, amicus curiae.

The opinion of the court was delivered by

McFARLAND, J.:

These unrelated cases involve appeals by the City of Overland Park from orders of the district court dismissing the complaints against the defendants. The cases were consolidated on appeal as they involve identical issues.

In the municipal court of the City of Overland Park both defendants were convicted of violations of ordinances of that city, were fined, and were sentenced to terms in the...

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