[Download] "Hearn v. City of Overland Park" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Hearn v. City of Overland Park
- Author : Supreme Court of Kansas
- Release Date : January 14, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The opinion of the court was delivered by The plaintiffs seek to enjoin the City of Overland Park from
enforcing an ordinance regulating the ownership of pit bulls
within the city. The plaintiffs are thirteen residents of Johnson
County, Kansas, who own dogs kept within the City of Overland
Park, Kansas. In their petition filed with the district court,
the plaintiffs contended that the ordinance was
unconstitutionally vague and overbroad, and violated their rights
to due process and equal protection of the laws. The petition
also included a claim for damages pursuant to 42 U.S.C. § 1983
(1982). The district court upheld the constitutionality of the
ordinance, and found it to be a valid and enforceable exercise of
the city's police power. The plaintiffs now appeal. On September 21, 1987, the Overland Park city council adopted
an ordinance defining the "pit bull dog" as a "dangerous animal,"
within the meaning of Overland Park Municipal Code Ch. 6.10. As
subsequently amended, the ordinance defines a "pit bull dog" as
[244 Kan. 639]