State ex rel. Logan v. Kansas State Highway Commission

The opinion of the court was delivered by

Hutchison, J.:

This is an action against the state highway commission, brought in the district court of Shawnee county by the state on relation of the county attorney of Shawnee county and *358also by three individual residents of and property owners in Harvey county, to enjoin and restrain the commission from materially changing the route of a designated state highway where the changes are not required for public safety. The trial court sustained a demurrer to the petition, and plaintiffs appeal.

Four questions are involved as to the sufficiency of the…