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BUSBY, INC. v. KANSAS DEPT. OF AGRICULTURE

No. 85,565.

29 Kan. App.2d 555 (2001)

29 P.3d 441

BUSBY, INC., Appellant, v. KANSAS DEPARTMENT OF AGRICULTURE, Appellee.

Court of Appeals of Kansas.

Opinion filed August 3, 2001.

Attorney(s) appearing for the Case

Grant M. Glenn and R. Patrick Riordan, of Woner, Glenn, Reeder & Girard, P.A., of Topeka, and Michael V. Foust, of Goodland, for appellant.

Derenda J. Mitchell, special assistant attorney general, and M.J. Willoughby, assistant attorney general, for appellee.

Before GREEN, P.J., KNUDSON, J., and PHILIP C. VIEUX, District Judge, assigned.

KNUDSON, J.:

Busby, Inc. (Busby) appeals the district court's dismissal of its action against the Kansas Department of Agriculture (KDA). The central issue on appeal is whether K.S.A. 2-1205 is constitutional. The district court concluded Busby lacks standing to maintain its action and even if it does have standing, the statute is constitutional.

We conclude the district court erred in deciding Busby lacks standing; however, we agree K.S.A. 2-1205 is constitutional...

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