Atchison v. Kansas State Highway Commission

*662The opinion of the court was delivered by

Thiele, J.:

This is an original proceeding in mandamus against the state highway commission, hereafter referred to-as the commission. At the time the plaintiff filed her motion for the writ, an alternative writ issued, and thereafter the commission filed its motion for an order quashing the alternative writ, and the cause has been argued and submitted on that motion.

The factual situation disclosed by the motion for the writ and by the alternative writ necessary to our decision discloses that plaintiff is the owner of a lot in a particular block in…