CITY OF FREDONIA v. CHANUTE TRIBUNE

No. 52,244

7 Kan. App. 2d 65 (1981)

638 P.2d 347

CITY OF FREDONIA, KANSAS, Plaintiff-Appellee, v. CHANUTE TRIBUNE, CHANUTE, KANSAS, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed December 17, 1981.


Attorney(s) appearing for the Case

W.Y. Chalfant, of Branine, Chalfant & Hyter, of Hutchinson, for appellant.

Steven W. Rogers, of Fredonia, for appellee.

Before JUSTICE HOLMES, presiding; MEYER, J.; and HARRY G. MILLER, District Judge Retired, assigned.


MILLER, J.:

The defendant appeals from a conviction of "littering" under a city ordinance after a shopper paper printed by defendant was thrown on the lawn of a resident who had notified defendant that he did not want to receive it.

Defendant publishes a newspaper in Chanute, Kansas. In addition, since 1969, it has published a weekly paper called the Southeast Kansas Weekly, commonly known as a "shopper." The shopper is created by dropping the front...

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