State Highway Commission v. Ford

The opinion of the court was delivered by

Harvey, J.:

This was a condemnation proceeding. The property owners, hereinafter called defendants, answered that the condemnor, hereinafter called plaintiff, was not seeking to take the land for any purpose for which it was authorized to exercise the right of eminent domain, and asked that it be enjoined. Evidence was taken on the application for a temporary injunction, which was allowed. Later, by stipulation, the same evidence was used on the hearing for a permanent injunction, which was allowed. The plaintiff has appealed.

No question of procedure is…