Atkinson v. State Highway Commission

The opinion of the court was-delivered by

Robb, J.:

This is an action for injunctive relief. The appeal is by the state highway commission, defendant below, from an order made by the trial court permanently enjoining contemplated improvements by the commission on its previously condemned right of way adjacent to plaintiffs’ land for the reason that plaintiffs’ right of access was thereby limited without just compensation.

The petition in pertinent part alleged that plaintiffs’ property consists of a filling station, gasoline pump islands, and driveways or parking areas around the station and is…