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CITY OF OVERLAND PARK v. McLAUGHLIN

No. 57,063

10 Kan. App. 2d 537 (1985)

704 P.2d 997

CITY OF OVERLAND PARK, KANSAS, Plaintiff-Appellee, v. EVERETT L. McLAUGHLIN, Defendant-Appellant. Affirmed (1986)

Court of Appeals of Kansas.

Opinion filed August 15, 1985.

Attorney(s) appearing for the Case

S.W. Longan, III and Patricia L. Lear-Johnson, of Wolf & Longan, of Stanley, for appellant.

Karen Arnold-Burger, assistant city attorney, for appellee.

Before SWINEHART, P.J., MEYER, J. and HARRY G. MILLER, District Judge, retired, assigned.

MEYER, J.:

After a trial to the court, Everett McLaughlin (defendant) was convicted of driving a truck in excess of the allowed rear axle weight and in excess of the allowed extreme axle weight, both violations of Overland Park Municipal Ordinance TC-1190 § 12.04.196.1. Defendant appeals, challenging the constitutionality of the ordinance and charging the ordinance as violative of K.S.A. 12-3009 et seq.

On May 20, 1983, at approximately noon, two...

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