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CITY OF WICHITA v. SMITH

No. 89,693

31 Kan.App. 2d 837 (2003)

75 P.3d 1228

CITY OF WICHITA, KANSAS, Appellee, v. SCOTT A. SMITH, Appellant.

Court of Appeals of Kansas

Opinion filed August 22, 2003.

Attorney(s) appearing for the Case

Robert W. Kaplan, of Kaplan, McMillan and Harris, of Wichita, for the appellant.

Sharon L. Dickgrafe, assistant city attorney, and Gary E. Rebenstorf, city attorney, for the appellee.

Before PIERRON, P.J., GREEN, J., and JOHN J. BUKATY, JR., District Judge, assigned.

PIERRON, J.:

Scott A. Smith appeals the conviction of a violation of a noise ordinance of the City of Wichita (City).

On January 18, 2002, at about 11:30 p.m., Harlin and Janet Gray called the Wichita Police to complain about the excessive noise coming from a business establishment known as "Central Brews and Blues" (Club). The officer reported the music from the club could be heard while standing inside the...

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