Court Strikes Down Ordinance Designed to Address Problems Associated With Grain Elevator

Kansas towns and cities can, pursuant to their statutory “home rule” power, enact ordinances to resolve issues affecting public health and safety.  This authority, however, is not unlimited.  Towns and cities that enact such ordinances must ensure they are constitutionally sound. One way in which local regulations may be questioned is when there is a lack of objective and defined standards that give fair notice to all residents of conduct that will violate the ordinance.