Robert L. Rieke Building Co. v. City of Overland Park

The opinion of the court was delivered by

Prager, J.:

This is an action for declaratory judgment and injunctive relief in which plaintiff attacks the constitutional validity of an Overland Park city zoning ordinance regulating “attention attracting devices” on property located within the city. The case was submitted to the trial court for decision without oral testimony on a stipulation of facts prepared by the parties.

The undisputed facts are as follows: Plaintiff, Robert L. Rieke Building Company, Inc., is located in Johnson County and is engaged in the business of renting and furnishing…