Williams v. Smrha

The opinion of the court was delivered by

Wertz, J.;

This is a companion case to City of Hesston v. Smrha, 184 Kan. 223, 336 P. 2d 428. The same order of the trial court is here appealed from as in the City of Hesston case, and the issues are identical. The appeal is from the judgment of the trial court holding the Water Appropriation Act of 1945 (G. S. 1949, 82a-701, et seq., as amended) to be unconstitutional, being in violation of the constitution of the State of Kansas and the Fourteenth Amendment of the federal constitution.

In City of Hesston v. Smrha, supra, there was a hearing before the…