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STATE, EX REL., v. BARNES

No. 38,383

171 Kan. 491 (1951)

233 P.2d 724

THE STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General, Appellant, v. M.R. BARNES, N.C. CARROLL, E. LEE CARROLL, GALE R. CARROLL, HARRY D. BELLAMY, E.G. BELLAMY and FAIRVIEW LAKES CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Warden L. Noe, special assistant attorney general, of Topeka, argued the cause, and Harold R. Fatzer, Attorney General, of Topeka, Alfred Williams, County Attorney, and John Megaffin, City Attorney, both of Pratt, were with him on the briefs for the appellant.

Emmet A. Blaes, of Wichita, argued the cause, and E.R. Barnes, of Pratt, and W.D. Jochems, J. Wirth Sargent, Roetzel Jochems, Robert G. Braden, and S.C. Durbin, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action by the state on the relation of the attorney general for a mandatory injunction requiring defendants to move a certain levee or dike and restore the land to its former elevation; and further, to enjoin defendants from repairing, improving or maintaining the levee. The appeal is from an order of the court sustaining defendants' demurrer to plaintiff's second amended petition.

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