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STEFFES v. CITY OF LAWRENCE

No. 96,838.

160 P.3d 843 (2007)

Dennis STEFFES, d/b/a Last Call and Coyotes, Appellant, v. CITY OF LAWRENCE, Appellee.

Supreme Court of Kansas.

June 22, 2007.

Attorney(s) appearing for the Case

William K. Rork, of Rork Law Office, argued the cause, and Wendie C. Bryan, of the same firm, was with him on the briefs for appellant.

Toni Ramirez Wheeler, of Legal Services Department, of City of Lawrence, and Scott J. Miller, of the same department, was with her on the brief for appellee.

Sandra Jacquot, general counsel, and Donald L. Moler, executive director, were on the brief for amicus curiae League of Kansas Municipalities.

The opinion of the court was delivered by NUSS, J.:

Bar owner Dennis Steffes was cited for violating the Lawrence city ordinance regulating smoking in public places. He appeals the district court's denial of his request to declare the ordinance invalid and to enjoin its enforcement. Our jurisdiction is pursuant to K.S.A. 20-3018(b) (transfer from the Court of Appeals on Steffes' motion).

The issues on appeal, and this court's accompanying holdings, are as...

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