Smith v. State Highway Commission

In my opinion this case has not been correctly decided and I must respectfully dissent. Within the time permitted, I shall note briefly some of my objections to the court’s affirmance of the judgment.

It seems to me there are three basic questions involved in this appeal. The first is, what is the right of access of an abutting landowner to an existing street or highway; second, the extent and limits of that right as applied to the facts and circumstances of this case; and third, the manner of curtailing the right of access, and the damages, if any, which flow from a taking or a restriction…