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[DOWNLOAD] "City of Wichita v. Fitzgerald" by Court of Appeals of Kansas # eBook PDF Kindle ePub Free

City of Wichita v. Fitzgerald

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eBook details

  • Title: City of Wichita v. Fitzgerald
  • Author : Court of Appeals of Kansas
  • Release Date : January 24, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Brian Fitzgerald and Gregory Pederzani proposed an ordinance (Proposed Ordinance) under K.S.A. 12-3013. On August 19, 1994, the City of Wichita (City) filed a declaratory judgment action, seeking a determination that the Proposed Ordinance is not the proper subject of initiative and referendum because it is: (1) administrative; (2) beyond the power of the City to adopt; and (3) unconstitutional. Fitzgerald and Pederzani answered and counterclaimed, stating that the City's arguments were meritless and requesting that the district court order the City to either adopt the Proposed Ordinance or submit it to the electorate. The district court ruled in favor of Fitzgerald and Pederzani, holding that the Proposed Ordinance is legislative. The City appeals. The Proposed Ordinance is as follows: ""ORDINANCE NO. ___ ""An Ordinance relating to the rights of individuals to possess and obtain firearms within the City of Wichita, Kansas: ""Be it ordained by the governing body of the City of Wichita, Kansas: ""SECTION I: Any Ordinance heretofore enacted by the governing body of the City of Wichita, Kansas, which conflicts with the terms of this Ordinance is hereby repealed.


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