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DWAGFYS Manufacturing, Inc. v. City of Topeka

443 P.3d 1052 (2019)

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DWAGFYS Manufacturing, Inc. v. City of Topeka

Kansas Supreme Court
443 P.3d 1052 (2019)

SC

Facts

Pursuant to the home-rule provision in the Kansas Constitution, the City of Topeka (defendant) passed an ordinance raising the minimum age for selling and buying cigarettes and other tobacco products to 21. DWAGFYS Manufacturing, Inc. d/b/a The Vapebar Topeka (DWAGFYS) (plaintiff) sued the city, alleging that the ordinance was preempted by the Kansas Cigarette and Tobacco Products Act (the act). The act prohibited persons under the age of 18 from buying or selling cigarettes and other tobacco products. The district court found that the ordinance was preempted and granted DWAGFYS a permanent injunction. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Stegall, J.)

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