Walker v. State

In this action, plaintiffs pray that the state highway commission be enjoined from installing a concrete center-line curb on that portion of primary state highway No. 2 upon which plaintiffs’ property abuts, until (a) the commission follows the procedures set forth in RCW 47.52 (limited access facilities statute) and (b) until fair compensation shall first have been paid to plaintiffs; or, should the curb be installed during the pendency of this action, a jury be impaneled to determine plaintiffs’ damages.

The trial court sustained a demurrer to plaintiffs’ amended complaint. Refusing to plead…