Brooksbank v. Leech

The plaintiffs in error filed their suits against the Commissioner of Highways and Public Works for the State of Tennessee for the taking of, and damage to, property incident to construction of a controlled access facility, commonly called a super highway. The defendants demurred on the ground that Article 1, Section 17, of the Constitution of Tennessee, and Code Section 20-1702, T.C.A., inhibits suits of this character. The trial judge sustained the demurrers, but allowed amendments to the declaration making Roane County a party defendant. The property owners prayed an appeal to the Supreme…