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CITY OF KANSAS CITY v. CARLSON

No. WD 70576.

292 S.W.3d 368 (2009)

CITY OF KANSAS CITY, Missouri, Respondent, v. Georgia J. CARLSON, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 28, 2009.

Application for Transfer Denied October 6, 2009.

Attorney(s) appearing for the Case

Jonathan Sternberg, Kansas City, MO, Counsel for Appellant.

P. Benjamin Cox, Kansas City, MO, Counsel for Amicus Curiae

Lowell C. Gard, Kansas City, MO, Counsel for Respondent.

Before THOMAS H. NEWTON, C.J., HAROLD L. LOWENSTEIN, and JAMES M. SMART, JR., JJ.

THOMAS H. NEWTON, Chief Judge.

Ms. Georgia Jean Carlson appeals the circuit court's judgment finding her guilty of violating Kansas City's municipal smoking ban. Ms. Carlson contends the judgment is invalid because the City's ordinance is in conflict with Missouri's Indoor Clean Air Act (ICAA), §§ 191.765-191.777.1 We affirm.

Factual and Procedural Background

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