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ROBERT L. RIEKE BLDG. CO. v. CITY OF OVERLAND PARK

No. 54,589

232 Kan. 634 (1983)

657 P.2d 1121

ROBERT L. RIEKE BUILDING Co., INC., Plaintiff-Appellant, v. CITY OF OVERLAND PARK, KANSAS, Defendant-Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed January 14, 1983.

Attorney(s) appearing for the Case

John Anderson, Jr., of Anderson, Granger, Nagels and Lastelic, Chartered, of Overland Park, argued the cause and was on the brief for the appellant.

Neil R. Shortlidge, first assistant city attorney, argued the cause and was on the brief for the appellee, cross-appellant.

The opinion of the court was delivered by

PRAGER, J.:

This is an action for declaratory judgment and injunctive relief in which plaintiff attacks the constitutional validity of an Overland Park city zoning ordinance regulating "attention attracting devices" on property located within the city. The case was submitted to the trial court for decision without oral testimony on a stipulation of facts prepared by the parties.

The undisputed facts are as...

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