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PATTY SUE, INC. v. CITY OF SPRINGFIELD

No. SD 31660.

381 S.W.3d 360 (2012)

PATTY SUE, INC., d/b/a Ruthie's Bar, Appellant, v. CITY OF SPRINGFIELD, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 12, 2012.

Application for Transfer Denied September 25, 2012.

Attorney(s) appearing for the Case

Jonathan Sternberg , Kansas City, for Appellant.

Marianne Landers Banks , Springfield, for Respondent.

Before FRANCIS, P.J., BARNEY, J., and SCOTT, J.

PER CURIAM.

Appellant Patty Sue, Inc., d/b/a Ruthie's Bar ("the Bar") appeals from the trial court's grant of summary judgment in favor of Respondent City of Springfield, Missouri ("the City"). The trial court's grant of summary judgment essentially upheld the City's voter enacted smoking ban ordinance and found it was not "expressly or implicitly" in conflict with the State of Missouri's previously enacted Indoor Clean...

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