Boyles v. City of Topeka

271 Kan. 69 (2001)

21 P.3d 974

GERALD M. BOYLES, Appellant,

v.

CITY OF TOPEKA, Appellee.

No. 83,161.

Supreme Court of Kansas.

Opinion filed April 20, 2001.

James S. Willard, of Scott, Quinlan & Hecht, of Topeka, argued the cause, and Deborah L. Hughes, of the same firm, was with him on the brief for appellant.

Mary Beth Mudrick, assistant city attorney, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This case concerns the constitutionality of a city's public nuisance ordinance prohibiting the maintaining on private property of any garbage, rubbish,…