Print Page | Contact Us | Sign In | Register
Appellate Court Digests
Blog Home All Blogs
Search all posts for:   


View all (60) posts »

September 22, 2017 Digests

Posted By Patti Van Slyke, Monday, September 25, 2017

Court of Appeals

NO. 116,500—SEPTEMBER 22, 2017

FACTS: In 2014, the City of Maize passed an ordinance addressing certain issues found in mobile home parks. Huffman filed a petition for declaratory judgment and injunctive relief against the city, claiming that the ordinance exceeded the city's police powers and violated his constitutional rights to due process. The district court granted the city's motion for summary judgment and this appeal followed.

ISSUES: Constitutionality of the city's ordinance

HELD: The court's standard of review requires that it search for ways to uphold the ordinance as constitutional. Municipalities have police powers and the Home Rule Amendment gives municipalities broad powers to adopt ordinances on any subject not addressed by the state legislature. The subjects addressed by the disputed ordinance fall well within the city's police powers, as the ordinance was enacted to serve the health, safety and welfare of the residents of the mobile home park. There is no equal protection violation, and the district court made adequate findings of fact and conclusions of law.

STATUTES: Kansas Constitution, article 12, § 5; K.S.A. 2016 Supp. 60-252(a)(1), -256(c)(2)

This post has not been tagged.

Share |
Permalink | Comments (0)