Kuester v. State

The plaintiff brought this declaratory judgment action to liave sections 81-815.01 to 81-815.20, R. R. S. 1943, commonly referred to as the State Boat Act, declared unconstitutional in their application to certain property owned by him. The trial court in accordance with the prayer of the petition, granted a temporary restraining order preventing the defendant, the Nebraska Game and Parks Commission and Willard R. Barbee, its Secretary, and Fred Salak, a conservation officer of the commission, from enforcing the statutes with reference to the plaintiff’s property. The defendants demurred to…