[DOWNLOAD] "Restaurants of Wichita, Inc. v. City of Wichita" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

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eBook details

• Title: Restaurants of Wichita, Inc. v. City of Wichita
• Author : Supreme Court of Kansas
• Release Date : January 02, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The opinion of the court was delivered by This is an action brought by the plaintiff-appellant,
Restaurants of Wichita, Inc., to enjoin the defendant-appellee,
City of Wichita, from revoking a permit issued by the city to the
plaintiff to erect a projecting sign which overhangs a public
alley approximately four feet. The facts have been fully
stipulated by the parties and are not in dispute. They are as
follows: On December 28, 1972, the city through its Central
Inspection Division issued
[215 Kan. 637]
sign permit No. 12,988 to Ed Dunn and Sons Signs, Inc., the agent
of the plaintiff, authorizing the erection of a projecting sign
located on certain real property in Wichita, which was under
lease to and occupied by plaintiff. The permit was issued for the
projecting sign under that portion of the code of the city of
Wichita pertaining to billboards and signs. It is undisputed that
the sign as erected projected some four feet over a public
alleyway of the city. After the sign was erected residents in the
neighborhood requested a hearing before the city commission for
revocation of the sign permit. A hearing was held on the
controversy at a regular meeting of the commission on January 23,
1973. Following the hearing the city commission revoked the
permit and requested the projecting sign to be removed within ten
days from that date. The plaintiff thereupon requested a
rehearing on the entire matter at the next regular scheduled
commission meeting. A rehearing was held on January 30, 1973, at
which time the commission summarily rejected the argument of
plaintiff's counsel and reaffirmed its prior decision revoking
the sign permit. The plaintiff has exhausted all of the
administrative remedies available to it. At the hearing in the
district court the case was submitted on the stipulated facts
just stated and no additional evidence was presented.

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