Toledo, Peoria & Western R.R. v. State

OPINION

Frederick, J.

Claimant, Toledo, Peoria & Western Railroad Company, a corporation, filed its claim in the Court of Claims on February 13, 1981. The complaint, sounding in tort, sought an accounting for rents and profits from the Respondents commercial use of part of Lot J. Lot J is a parcel of land upon which Respondent had obtained an easement from Claimant for highway purposes.

The Claimant filed an amended complaint on October 3, 1984, which additionally prayed for a declaratory judgment that the States interest in Lot J had been extinguished by operation of law. In the alternative,…