City of Lincoln Center v. Farmway Co-Op, Inc.
316 P.3d 707
Kan.2013Background
- City of Lincoln Center cited Farmway Co-Op and Farmway Storage #1, LLC for noise and nuisance violations related to expanded grain elevator in a residential area.
- Farmway expanded the facility in 2009, increasing noise and dust; residents complained of disrupted sleep, dust clouds, and health issues.
- Farmway undertook repairs and mitigations (sound dampening enclosures, switching to manual control at night, dust suppression) and complied with state/federal regulations.
- KDHE and KDOL emissions/noise measurements after mitigations found levels within regulatory limits; city then cited Farmway for violations under Ordinances No. 643 (noise) and No. 633 (public nuisance).
- Trial court convicted Farmway; district court and Court of Appeals held noise ordinance vague but nuisance ordinance not vague; case proceeded to Kansas Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the noise ordinance vague as applied to Farmway? | Farmway contends no objective standard; vague terms allow arbitrary enforcement. | City argues objective elements like 'unreasonable' save the statute; Smith-style reasoning supports clarity. | Noise ordinance unconstitutionally vague as applied. |
| Is the nuisance ordinance vague as applied to Farmway? | Nuisance lacks ascertainable standards; requires objective dust/noise measurements. | Police powers allow broader nuisance definitions; public health/safety standard provides notice and prevents arbitrary enforcement. | Nuisance ordinance not unconstitutionally vague as applied. |
Key Cases Cited
- State v. Fisher, 230 Kan. 192 (1981) (injured or endangered standard not void for vagueness)
- Smith v. Martens, 279 Kan. 242 (2005) (objective standards can save vagueness challenges)
- Hackett, 275 Kan. 848 (2003) (two-pronged vagueness test; notice and enforcement standards)
- Steffes v. City of Lawrence, 284 Kan. 380 (2007) (vagueness scrutiny and arbitrary enforcement emphasis)
- Washington State Grange v. Washington State Republican Party, 552 U.S. 442 (2008) (facial challenges to vagueness disfavored)