Heinzelman v. State Highway Commission

The opinion of the court was delivered by

Fatzer, J.:

This case involves four hackberry shade trees growing in the parking in front of the plaintiffs’ property. The action was to enjoin the State Highway Commission, the Hall Brothers Construction Company, a partnership, and the city of Marysville from removing the trees to construct a new sidewalk in conjunction with a highway improvement project on South 10th Street. The appeal is from an order denying a temporary injunction.

The essential facts are as follows: The plaintiffs are the owners of two lots located on the east side of South 10th…