Cities of Hesston & Sedgwick v. Smrha

The opinion of the court was delivered by

Robb, J.:

This appeal is from a judgment of the trial court, made and entered during a pretrial conference, ruling that the Water Appropriation Act of 1945 (G. S. 1949, 82a~701, et seq., as amended) is unconstitutional, null and void, as being violative of the constitution of the state of Kansas and the fourteenth amendment of the federal constitution.

Our attention is first directed to the special appearance and motion made by the heirs of Harvey Hensley, now deceased, seeking dismissal of this appeal so far as they are concerned by reason of…