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REEDER v. BOARD OF COUNTY COMMISSIONERS

No. 43,649

193 Kan. 182 (1964)

392 P.2d 888

MELVIN W. REEDER and MAISIE M. REEDER, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF ROOKS COUNTY, KANSAS; L.E. HUTCHCRAFT, FRANK ADAMS and HUGH MEADE, each individually; L.E. HUTCHCRAFT, FRANK ADAMS and HUGH MEADE, as the Board of County Commissioners of Rooks County, Kansas; FRANK TYSON, individually; FRANK TYSON, as County Engineer of Rooks County, Kansas, and JOHN RUSS, Appellees.

Supreme Court of Kansas.

Opinion filed June 6, 1964.

Attorney(s) appearing for the Case

Stanley Krysl, of Stockton, argued the cause, and D.A. Hindman, also of Stockton, was with him on the brief for the appellants.

Robert Osborn, of Stockton, argued the cause, and W. McCaslin, also of Stockton, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court sustaining a demurrer to an amended petition which seeks a mandatory injunction, requiring the appellees to restore a natural watercourse to its original condition, and enjoining the appellees from thereafter changing said natural watercourse. The amended petition also asks for such other and further relief as is just and equitable.

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