CITIES OF HESSTON and SEDGWICK, and HARVEY HENSLEY, CITIES OF BURRTON and HALSTEAD, Appellees,
v.
R.V. SMRHA, Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture, Topeka, Kansas, THE CITY OF WICHITA, KANSAS, and THE CITY OF NEWTON, KANSAS, Appellants.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed March 7, 1959.
Opinion filed March 7, 1959.
Attorney(s) appearing for the Case
Warden L. Noe, special assistant attorney general, argued the cause, and John Anderson Jr., attorney general, and Richard E. Pringle, assistant attorney general, were with him on the briefs for the appellant, R.V. Smrha, chief engineer.
Robert B. Morton, of Wichita, argued the cause, and Fred W. Aley, and Paul J. Donaldson, both of Wichita, were with him on the briefs for the appellant, the city of Wichita.
George A. Robb, of Newton, argued the cause, and J. Sidney Nye and Arnold C. Nye, both of Newton, were with him on the briefs for the appellant, the city of Newton.
Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg, Herbert H. Sizemore, and Richard F. Hrdlicka, all of Newton, were with him on the briefs for the appellee cities of Hesston and Sedgwick, and Arthur N. Turner, of Newton, was with him on the briefs for the appellee city of Halstead.
Earl B. Shurtz, research counsel for the state water resources board, was on the briefs amicus curiae.
Frederick Woleslagel, of Lyons, argued the motion for dismissal of the appeal as to Harvey Hensley, and/or his heirs.
Supreme Court of Kansas.
The opinion of the court was delivered by
ROBB, J.:
This appeal is from a judgment of the trial court, made and entered during a pretrial conference, ruling that the Water Appropriation Act of 1945 (G.S. 1949, 82a-701, et seq., as amended) is unconstitutional, null and void, as being violative of the constitution of the state of Kansas and the fourteenth amendment of the federal constitution.
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