State Highway Commission v. Fairmont Foods Co.

TURNAGE, Judge.

The State Highway Commission filed suit against Fairmont Foods to enjoin Fairmont from constructing a drive for direct access *886between its property and the south side of N.E. 48th Street. The court permanently restrained Fairmont from interfering with any highway structure placed along the south line of 48th Street and further restrained Fairmont from violating the limitation of access imposed on Fairmont’s property bordering the south line of N.E. 48th Street.

On this appeal Fairmont contends the limitation of access is invalid because (1) Fairmont’s predecessor in title was not…