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CITY OF LINCOLN CENTER v. FARMWAY CO-OP

No. 105,962.

316 P.3d 707 (2013)

298 Kan. 540

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

Supreme Court of Kansas.

December 20, 2013.

Attorney(s) appearing for the Case

Daniel D. Metz , city attorney, argued the cause and was on the briefs for appellant.

David M. Traster , of Foulston Siefkin LLP, of Wichita, argued the cause and was on the briefs for appellees.

Sandra Jacquot , of Topeka, was on the brief for amicus curiae League of Kansas Municipalities.

Brent E. Haden , of Columbia, Missouri, was on the brief for amicus curiae Kansas Cooperative Council.

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

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

The City of Lincoln Center (City) cited Farmway Co-Op, Inc., and Farmway Storage # 1, LLC (together "Farmway") for violating municipal noise and nuisance ordinances. The violations arose out of Farmway's operation of a grain elevator facility inside the city limits. After the municipal court convicted Farmway under both ordinances, the district court reversed the convictions, holding the ordinances are unconstitutionally...

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