Carl Roessler, Inc. v. Ives

The plaintiff brought this action, seeking a declaratory judgment determining the respective rights of the parties following the filing by the defendant of an amended notice of condemnation which would reduce the original area of acquisition and which by its terms would require the plaintiff to accept a release of that portion or area by which the defendant desires to reduce his acquisition. Upon a stipulation of facts, the trial court reserved the questions presented for the advice of this court.

The parties have stipulated to the following facts: The defendant, as highway commissioner, was…