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DPR, INC. v. CITY OF PITTSBURG

No. 76,352.

24 Kan. App.2d 703 (1998)

953 P.2d 231

DPR, INC., a Kansas Corporation, d/b/a PAT'S LOUNGE; PATRICIA ROHRBAUGH, as President of DPR, INC.; and DON ROHRBAUGH, as Secretary/Treasurer of DPR, INC.; as officers of said corporation and in their own proper persons, Appellants, v. CITY OF PITTSBURG, KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed January 23, 1998.

Attorney(s) appearing for the Case

William J. Pauzauskie, of Topeka, for the appellants.

C. A. Menghini, city attorney, for the appellee.

Donald L. Moler, Jr., for amicus curiae League of Kansas Municipalities.

Before LEWIS, P.J., GERNON, J., and CHARLES E. WORDEN, District Judge, assigned.

LEWIS, J.:

Appellant DPR, Inc., whom we shall refer to as plaintiff, has been operating in the City of Pittsburg (City) for over 15 years. The owners of DPR, Inc., Patricia and Don Rohrbaugh, operate a business known as "Pat's Lounge." This business is licensed to sell alcoholic beverages by the drink. It also features totally nude dancing as entertainment. It is worth noting that Pat's Lounge had been in the business of serving intoxicating liquors and presenting...

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