Flick v. Kramer

Plaintiffs, Ernest L. Flick, Martha Flick, and J. & L. Oil, Inc., filed a verified complaint for mandamus against defendant, the Secretary of the Department of Transportation (hereinafter DOT), in order to compel defendant to bring an eminent domain proceeding to acquire certain land, allegedly owned by the Flicks. The land was entered upon by the State in the course of a highway improvement project. Defendant appeals from the granting of plaintiffs’ motion for summary judgment and the denial of its motion for reconsideration, contending that the trial court erred in not determining who owned…