Cow Creek Valley Flood Prevention Ass'n v. City of Hutchinson

Th.e opinion of the court was delivered by

Cowan, J.:

These appeals involve the validity of flood-control plans at Hutchinson, Kan. The plaintiffs sought to enjoin the proceedings initiated by the city to avert inundation of the city.

Plaintiffs in case No. 37,391 are owners of property lying north and west of Hutchinson and west of Cow creek. They allege that *80parts of their lands are about to be taken by eminent domain proceedings for right of way .for such flood-control improvements.

The plaintiffs in case No. 37,392 are resident taxpayers of the city of Hutchinson. They claim that their lands…