City of Hesston v. Smrha

The opinion of the court was delivered by 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 appellants' failure to serve notice of appeal upon them. The
affidavit filed in support of the motion shows that Harvey
Hensley's death occurred subsequent to his taking an appeal from
that part of the order of determination of vested water rights
made by the chief engineer pertaining to Hensley as a user of
water for irrigation purposes. The affidavit further shows that
Van Cleve Sooter was the duly-appointed, qualified and acting
administrator of Hensley's estate. The record shows that the
notices of appeal by the city of Wichita and the city of Newton
were both directed to and served upon "Van Cleve Sooter,
Administrator of the Estate
[184 Kan. 225]