COLBY DISTRIBUTING CO. v. LENNEN

No. 51,428

227 Kan. 179 (1980)

606 P.2d 102

COLBY DISTRIBUTING CO., INC., et al., Appellees, v. MICHAEL LENNEN, et al., Appellants.

Supreme Court of Kansas.

Opinion filed January 19, 1980.


Attorney(s) appearing for the Case

Robert E. Duncan, II, assistant attorney general, argued the cause and Alan F. Alderson, general counsel, John P. Quinlin and David A. Wright, all of the Kansas Department of Revenue, were with him on the brief for the appellants.

Terry G. Paup, of Wichita, and James W. Sargent, of Sargent, Klenda, Haag & Mitchell, of Wichita, argued the cause and Donald Patterson, of Fisher, Patterson, Sayler & Smith, of Topeka, was with them on the brief for the appellees Grant-Billingsley Wholesale Liquor Co., et al.

Robert C. Foulston, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and was on the brief for the intervenor Standard Liquor Corporation.

Payne H. Ratner, Jr., of Ratner, Mattox, Ratner, Barnes & Kinch, P.A., of Topeka, argued the cause and Jim J. Marquez, of Topeka, was with him on the brief for the intervenor Kansas Retail Liquor Dealers Association.

Reid F. Holbrook, of Steineger & Holbrook, P.A., of Kansas City, argued the cause and was on the brief for intervenors Sunflower Sales of Topeka, A-B Sales Co., Inc. and Eastern Distributing Co., Inc.

Patrick L. Connolly, assistant district attorney, argued the cause and Vern Miller, district attorney, and Stuart W. Gribble, assistant district attorney, were with him on the brief for the intervenor State of Kansas, ex rel. Vern Miller.


The opinion of the court was delivered by

HERD, J.:

This is an action seeking a declaratory judgment and permanent injunction from the enforcement of 1979 amendments to the Kansas Liquor Control Act (K.S.A. 41-101 et seq.). The amendments were enacted by the legislature, effective May 10, 1979 and are designated House Bill 2020. The trial court found the act constitutional but found certain sections of the...

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