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DOWNTOWN BAR AND GRILL, LLC v. STATE

No. 104,761.

273 P.3d 709 (2012)

DOWNTOWN BAR AND GRILL, LLC, Appellee, v. STATE of Kansas, Appellant.

Supreme Court of Kansas.

April 6, 2012.

Attorney(s) appearing for the Case

Kimberly M.J. Lynch , assistant attorney general, argued the cause, and Tim J. Riemann , assistant attorney general, was on the brief and Kimberly M.J. Lynch was on the reply brief for appellant.

Michael W. Merriam , of Topeka, argued the cause and was on the brief for appellee.

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

The State appeals a trial court's temporary injunction. The injunction prevents the State from enforcing a statute that essentially exempts certain private liquor-serving clubs from a statewide prohibition against indoor smoking. Downtown Bar and Grill, LLC (Downtown Bar) is not one of those exempt clubs and obtained the injunction on equal protection grounds. We transferred the State's appeal from the Court of...

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