Soden v. State Highway Commission

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment denying a petition for injunction which sought to enjoin the condemnation of land for the purpose of constructing a grade separation at the intersection of two main highways.

The general facts, which are not in dispute, will first be stated. The defendant, the State Highway Commission, straightened U. S. Highway 50S and relocated the highway intersection of U. S. 50S and U. S. 281 about two miles to the south of St. John, Kansas. The new intersection was opened in October, 1956. Following the relocation of…