Mississippi State Highway Commission v. Hale

ANDERSON, Justice,

for the court:

This is an appeal from an order of the Circuit Court of Tate County granting a permanent injunction to the plaintiffs, Hale and Hale Lumber Company (hereinafter Hale), whereby the defendant, the Mississippi State Highway Commission (hereinafter Commission), was enjoined from constructing traffic control islands on its right-of-way near the plaintiff’s property. We find the trial court in error in granting the injunction and reverse.

The controversy concerned two adjacent parcels of land abutting U.S. Highway 51 south of Senatobia. In the early 1930’s the…