CITY OF HESSTON v. SMRHA

No. 42,535

192 Kan. 647 (1964)

391 P.2d 93

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, and THE CITY OF WICHITA, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed April 11, 1964.


Attorney(s) appearing for the Case

Warden L. Noe, special assistant attorney general, argued the cause, and William M. Ferguson, attorney general, and Robert E. Hoffman, assistant attorney general, were with him on the briefs for the appellant, R.V. Smrha, chief engineer.

John Dekker, of Wichita, argued the cause, and Fred W. Aley, Robert B. Morton, and Paul Donaldson, all of Wichita, and J. Rodney Stone, of Newton, were with him on the briefs for the appellant, city of Wichita.

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 appellees, cities of Hesston and Sedgwick, Ruby K. Hensley, and Maurita Jean Sooter.

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

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


The opinion of the court was delivered by

ROBB, J.:

This is an appeal by defendants below from orders entered by the trial court on July 13, 1959, January 3, 1961, and January 4, 1961, but it has been admitted by the parties that the judgment entered on January 4, 1961, wherein the 1945 Water Appropriation Act of Kansas (G.S. 1949, 82a-701, et seq., as amended) was held to be in violation of the federal and state constitutions, and the orders of the...

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