BARKER v. STATE

No. 65,848

249 Kan. 186 (1991)

815 P.2d 46

KEYTON BARKER and PAULINE BARKER, et al., Appellants, v. STATE OF KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 12, 1991.


Attorney(s) appearing for the Case

Kevin M. Fowler, of Frieden, Haynes & Forbes, of Topeka, argued the cause, and John C. Frieden and Wendell Betts, of the same firm; Kenton C. Granger, Raymond L. Dahlberg, Angela K. Green, and Kristin L. Altice, of Niewald, Waldeck & Brown, of Overland Park; Terence A. Lober, of Davis, Beall, McGuire & Thompson, Chartered, of Leavenworth; and Mark G. Ayesh, Michael D. Herd, and Roger M. Theis, of Ayesh, Docking, Herd & Theis, of Wichita, were with him on the briefs for appellants.

James Bartle, attorney, Kansas Department of Revenue, argued the cause, and Mark A. Burghart, general counsel, and Michael M. Rehm, attorney, were with him on the briefs for appellees.


SYLLABUS BY THE COURT

1. STATUTES — Constitutionality — Court's Duty to Uphold Constitutionality if Possible. The constitutionality of a statute is presumed and all doubts should be resolved in favor of its validity. Before the statute may be struck down, it must clearly appear the statute violates the Constitution. It is this court's duty to uphold the statute under attack, if possible, rather than defeat it. If there is any reasonable way to...

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