State ex rel. State Highway Commission v. Joe D. Esther, Inc.

BILLINGS, Judge.

Condemnation proceeding by the State Highway Commission and counterclaim by defendant for a mandatory injunction. The *156counterclaim was first tried by the court and relief denied. Trial by jury of the exceptions of the parties resulted in an award of $10,000 damages to defendant for the taking of an access and two drainage easements. Both parties appealed, defendant contending the court should have granted the requested injunctive relief and plaintiff claiming the court erred in denying a proposed amendment to its condemnation petition. We affirm as to the counterclaim and…