Hyde Park Dairies, Inc. v. City of Newton

The opinion of the court was delivered by

Wedell, J.:

This action was instituted by Hyde Park Dairies, Inc., of Wichita, engaged in the processing of milk and milk products and in the distribution and sale thereof, to determine the validity of a milk ordinance of the city of Newton.

The petition was framed primarily with the view of obtaining an adjudication under the declaratory judgment act. (G. S. 1935, 60-3127 to 60-3132, inch)

*731The demurrer of the city of Newton was sustained to plaintiff’s amended petition and the plaintiff appeals. Pertinent averments of the amended petition are appended to…