Cities of Hesston & Sedgwick v. Smrha

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 court dated January 5, 1961, overruling defendants’ motions for new trial, are the controlling and decisive issues in this appeal notwithstanding…