CITY OF WICHITA v. TILSON

No. 68,575

253 Kan. 285 (1993)

855 P.2d 911

CITY OF WICHITA, KANSAS, a municipal corporation, Appellant, v. ELIZABETH TILSON, Appellee.

Supreme Court of Kansas.

Opinion filed June 28, 1993.


Attorney(s) appearing for the Case

Sharon L. Chalker, assistant city attorney, argued the cause and Gary E. Rebenstorf, city attorney, was with her on the briefs for appellant.

Steven W. Graber, of Hutchinson, argued the cause and was on the brief for appellee.

Louise Melling, of Reproductive Freedom Project, American Civil Liberties Foundation, of New York, New York, and Jim Lawing, of Wichita, were on the brief for amici curiae American Civil Liberties Union, et al.

Richard D. Cimino, and Raphael F. Hanley, of St. Marys, were on the brief for amicus curiae Right to Life of Kansas, Inc.

John E. Cowles, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, was on the brief for amicus curiae Women's Health Care Services, P.A.


Per Curiam:

The City of Wichita appeals from the trial court's ruling that the justification by necessity defense absolved the defendant, Elizabeth A. Tilson, of criminal liability for her actions in trespassing on property owned by the Wichita Family Planning Clinic, Inc., (Clinic) on August 3, 1991. This appeal is taken pursuant to K.S.A. 22-3602(b)(3) on a question reserved by the City. We sustain the appeal.

The facts are not seriously disputed...

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