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Topeka appeals tobacco ruling, requests Kansas Supreme Court hear case

May 10, 2018

The Topeka Capital-Journal,

Luke Ranker,

May 2, 2018-

The city of Topeka has appealed a Shawnee County District Court ruling banning an increase in the age to purchase tobacco and has asked the Kansas Supreme Court take the case rather than working it through the traditional appeals process. Judge Franklin Theis in March issued a permanent injunction barring enforcement of a Topeka ordinance that moved the legal age to purchase tobacco from 18 to 21. The city council passed the ordinance 8-2 in early December largely on the grounds that other Kansas municipalities have similar laws.

Theis, however, partially sided with DWAGFYS Manufacturing Inc., which does business as The Vapebar Topeka and Puffs ‘n’ Stuff LLC, and their lawyer Robert “Tuck” Duncan who filed a lawsuit against the city in January. Theis ruled the ordinance goes beyond the authority granted to municipalities under the Kansas Constitution. The city filed a notice of appeal on April 11 and on Monday filed a motion to transfer the case to the Kansas Supreme Court. Typically an appeals case would first go before a three-judge appellate court that would either hear or dismiss it. An appeal to the higher court would follow.

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