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STATE EX REL. O'SULLIVAN v. HEART MINISTRIES, INC.

No. 50,077

227 Kan. 244 (1980)

607 P.2d 1102

STATE OF KANSAS, ex rel., JOSEPH P. O'SULLIVAN, COUNTY ATTORNEY, RENO COUNTY, KANSAS, Appellee, v. HEART MINISTRIES, INC.; VICTORY VILLAGE HOME FOR GIRLS; WILLIAM COWELL and CAROL COWELL, AS DIRECTORS AND OPERATORS OF VICTORY VILLAGE HOME FOR GIRLS, AND AS INDIVIDUALS, Appellants.

Supreme Court of Kansas.

Opinion filed March 1, 1980.

Attorney(s) appearing for the Case

Lester C. Arvin, of Arvin, Arvin & Busey, Chartered, of Wichita, argued the cause, and Rodney H. Busey and Mark A. Buck, of the same firm, were with him on the brief for the appellants.

Joseph P. O'Sullivan, county attorney, argued the cause, and Robert T. Stephan, attorney general, Bradley J. Smoot, deputy attorney general, and Reid Stacey, assistant attorney general, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

Heart Ministries, Inc. and William and Carol Cowell appeal from the issuance of a permanent injunction against them by the trial court. The propriety of that order is attacked on numerous grounds, one of which we believe to be determinative: whether the licensing requirement of K.S.A. 1979 Supp. 65-501 and the fee requirements of K.S.A. 1979 Supp. 65-505 violate appellants' rights under the "free exercise...

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