State v. Lackey

The opinion of the court was delivered by

William D. Clement,

District Judge, Assigned: The State of Kansas appeals the dismissal of a criminal complaint filed against Lackey Tank Service, Inc., for an alleged violation of K.S.A. 1981 Supp. 55-904(a)(l). It was claimed appellee’s tank truck operator dumped salt water from the truck onto a country road in Pratt County, Kansas. The trial court held K.S.A. 1981 Supp. 55-904(a)(1) violated the Constitution of the United States and the Constitution of the State of Kansas because the statute’s language was vague. We agree.

The questioned portion of…