McCulley v. City of Wichita

The opinion of the court was delivered by

Wedell, J.:

This action was brought by Mabel McCulley and other residents of the city of Wichita engaged in the grocery business, under the declaratory-judgment act, to determine the validity of a city ordinance. In a second cause of action it was sought to enjoin its enforcement. The defendants were the city of Wichita and its officers. The trial court held the ordinance unconstitutional, and defendants have appealed.

The ordinance, No. 12-113, insofar as material, provides:

“An Oedinance relating to the public health; providing certain hours for the…