State Highway Commission v. Hembrow

The opinion of the court was delivered by

Fatzer, J.:

In this original action the plaintiff, State Highway Commission, seeks a writ of mandamus against the defendants as judges of the district court of Dickinson County, commanding them to set aside the order of reference for trial of issues of law and fact in the case of The Abilene Country Club v. The State Highway Commission, No. 15,192, and to grant plaintiff a jury trial on the amount of damages to be awarded the owner for the tailing of private property for public use.

On February 12, 1962, an alternative writ of mandamus was issued…