Harlan v. Department of Transportation

Opinion

WISEMAN, J.

This case involves a dispute between a landowner and the state regarding the terms of an agreement under which the state took possession of land to build highway improvements. The landowner, a farmer, sued to enforce a provision he contends required the state to build an underpass beneath the improved highway to link parts of his farm on both sides of the road—an underpass that was never built. In his appeal, he contends that the trial court erred in (a) interpreting the agreement as imposing on the state only a duty to negotiate in good faith toward the *870building of an…