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CITY OF LINCOLN CENTER v. FARMWAY CO-OP, INC.

No. 105,962.

274 P.3d 680 (2012)

47 Kan. App. 2d 335

CITY OF LINCOLN CENTER, Appellant, v. FARMWAY CO-OP, INC. and Farmway Storage # 1, LLC, Appellees.

Court of Appeals of Kansas.

April 12, 2012.

Attorney(s) appearing for the Case

Daniel D. Metz , city attorney, for appellant.

David M. Traster , of Foulston Siefkin LLP, of Wichita, for appellees.

Sandra Jacquot and Donald L. Moler , of League of Kansas Municipalities, of Topeka, for amicus curiae League of Kansas Municipalities.

Robin K. Carlson and Daniel D. Crabtree , of Stinson Morrison Hecker LLP, of Kansas City, Missouri, for amicus curiae Kansas Grain & Feed Association.

Brent E. Haden , of Haden & Byrne LLC, of Columbia, Missouri, for amicus curiae Kansas Cooperative Counsel.

Before GREENE, C.J., PIERRON and MARQUARDT, JJ.

PIERRON, J.

The City of Lincoln Center (City) appeals the district court's decision finding the City's noise and nuisance ordinances were unconstitutionally vague. Charges filed against Farmway CO-OP, Inc., and Farmway Storage # 1, LLC (collectively Farmway), under the ordinances were dismissed. The City argues the ordinances are not vague and constitute a valid exercise of the City's police power. We affirm the district court's decision.

With some minor disagreements...

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