CITIES OF HESSTON & SEDGWICK v. SMRHA

No. 41,880

186 Kan. 785 (1960)

352 P.2d 1053

CITIES OF HESSTON AND SEDGWICK, and HARVEY HENSLEY, CITIES OF BURRTON AND HALSTEAD and the CITY OF NEWTON, KANSAS, Appellees, v. R.V. SMRHA, Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture, Appellant, THE CITY OF WICHITA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 11, 1960.


Attorney(s) appearing for the Case

Richard E. Pringle, Assistant Attorney General, and Warden L. Noe, Special Assistant Attorney General, of Topeka, argued the cause, and John Anderson, Jr., Attorney General, of Topeka, was with them on the briefs for R.V. Smrha, Chief Engineer, appellant.

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 cities of Hesston and Sedgwick, and Ruby K. Hensley and Maurita Jean Sooter (heirs at law of Harvey Hensley, deceased), appellees.

Arthur N. Turner, of Newton, was on the briefs for the cities of Newton and Halstead, appellees.

John W. Plummer, of Newton, was on the briefs for the city of Burrton, appellee.

Fred W. Aley and Robert B. Morton, both of Wichita, were on the briefs for the city of Wichita, appellee.


The opinion of the court was delivered by

FATZER, J.:

This is the fourth appearance of this controversy (Cities of Hesston & Sedgwick v. Smrha, 179 Kan. 72, 293 P.2d 241; City of Hesston v. Smrha, 184 Kan. 223, 336 P.2d 428; City of Hesston v. Smrha, 186 Kan. 477,...

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