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BARNES v. KANSAS DEPT. OF REVENUE

No. 58,057

238 Kan. 820 (1986)

714 P.2d 975

DOROTHY M. BARNES, Appellee, v. KANSAS DEPARTMENT OF REVENUE, DIVISION OF VEHICLES, Appellant.

Supreme Court of Kansas.

Opinion filed February 21, 1986.

Attorney(s) appearing for the Case

Ann L. Smith, of the Kansas Department of Revenue, argued the cause, and William L. Edds, general counsel, and Kris E. McKinney, of the Kansas Department of Revenue, were on the brief for appellant.

Michael H. Morgan, of the Legal Aid Society of Wichita, Inc., argued the cause, and Alice Leslie Rawlings, of Wichita, was with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

The Kansas Department of Revenue (KDOR) appeals from a judgment of the district court holding K.S.A. 1983 Supp. 40-3104 unconstitutional for failing to provide due process of law under the Fourteenth Amendment to the United States Constitution.

The facts are not in dispute and are summarized as follows. Dorothy M. Barnes possessed a valid driver's license on July 6, 1983, the date an automobile...

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