STATE EX REL. MEEK v. HAYS

No. 63,145

246 Kan. 99 (1990)

785 P.2d 1356

STATE OF KANSAS, ex rel., CHRISTOPHER YOUNG MEEK, Appellant, v. JASPER R. HAYS and MRS. JASPER R. HAYS, Appellees.

Supreme Court of Kansas.

Opinion filed January 19, 1990.


Attorney(s) appearing for the Case

Christopher Young Meek, county attorney, argued the cause, and Oliver Kent Lynch, assistant county attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellant.

J. Scott Thompson, of Pittsburg, argued the cause, and Edward W. Dosh, of Parsons, was with him on the brief for appellees.

Frank L. Austenfeld, of Mission, was on the brief for amici curiae Kansas Wildlife Federation and Geary County Fish and Game Association.

Michael D. Gibbens, of Kansas City, was on the brief for amicus curiae Kansas Canoe Association.

Alan F. Alderson, of Alderson, Alderson & Montgomery, of Topeka, was on the brief for amicus curiae Kansas Livestock Association.

Charles S. Arthur, of Manhattan, was on the brief for amicus curiae Kansas Farm Bureau.


The opinion of the court was delivered by

LOCKETT, J.:

Jasper R. Hays constructed a fence across Shoal Creek, in part to prevent canoeists and others from using that portion of the stream which flows through his land located in southeast Cherokee County. Christopher Y. Meek, the Cherokee County Attorney, filed a petition for declaratory judgment seeking to confirm the public's right to use Shoal Creek for recreational purposes. On June 11, 1988, the district...

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