State Ex Rel. Teter v. State Road Commission

Berry, Judge:

This is a proceeding in mandamus instituted under the original jurisdiction of this Court by the petitioners, John C. Teter and Gladys M. Teter, to compel the respondent the State Road Commissioner to institute condemnation proceedings against them to ascertain the damage which they allege was caused to their property by the construction of a new highway adjacent thereto, causing the casting of a body of water onto their premises. The rule in mandamus was granted on May 27, 1968 for the respondent to show cause why a writ of mandamus should not be awarded directing the respondent…