Burnquist v. Cook

I dissent upon the sole ground that the commissioner of highways is not authorized by law to acquire by condemnation an abutting owner’s right of access to an established highway. If the commissioner had such power, I should concur in the views of the majority upon the ground that there has been a serious and flagrant miscarriage of justice here.

The commissioner of highways exercises delegated power. State, by Hilton, v. Voll, 155 Minn. 72, 192 N. W. 188. His powers are measured by the statute which confers them. By Minn. Const, art. 16, the power to locate, construct, reconstruct, improve,…