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CARDARELLA v. CITY OF OVERLAND PARK

No. 51,747

228 Kan. 698 (1980)

620 P.2d 1122

ANTHONY J. CARDARELLA d/b/a TIGER'S RECORDS, Appellant, v. CITY OF OVERLAND PARK, KANSAS, A municipal corporation, and BEN M. SYKES, Mayor of the City of Overland Park, and RICHARD K. LANDTISER, JANET LEICK, EDWIN C. EILERT, W. JACK SANDERS, DOUGLAS L. SMITH, F.R. EDGINGTON, DENIS STEWART, BYRON C. LOUDON, WAYNE C. BYRD, JERRY OVERSTREET, Comprising the City Council of the City of Overland Park, Kansas, and MYRON E. SCAFE, Chief of Police of the City of Overland Park, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1980.

Attorney(s) appearing for the Case

Mark R. Singer, of Romain & Singer, Chartered, of Overland Park, argued the cause and was on the brief for the appellant.

Neil R. Shortlidge, assistant city attorney, of Overland Park, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is a declaratory judgment action wherein the plaintiff challenges the constitutionality of an ordinance of the City of Overland Park, which places certain restrictions on merchants selling or displaying items identified with drug usage. More particularly, the ordinance prohibits sale or display of such items on premises open to minors. The trial court upheld the ordinance and plaintiff appeals therefrom...

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