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LEMON v. PAULS

No. 42,488

189 Kan. 314 (1962)

369 P.2d 355

DEAN W. LEMON and BERNICE E. LEMON, Appellants, v. FRED C. PAULS, Appellee.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Lyndus A. Henry, David R. Gilman, Gwendolyn V. Falkenberg, and Lyle M. Hanson, all of Overland Park, were on the briefs for the appellants.

Keith Martin, of Mission, and Harold Hammond, of Olathe, were on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

Plaintiffs, in their individual capacities as private citizens, commenced this action in the district court of Johnson County by filing a petition in which they sought and demanded a mandatory injunction, under the provisions of G.S. 1949, 82a-301 to 305, incl., directing the defendant, as an alleged upper riparian landholder, to obtain a permit from the Chief Engineer of the Division of Water Resources...

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