Spaght v. State ex rel. Department of Transportation

Prior to August 20, 1957, plaintiffs, through their predecessors in title, had constructed an approach road on the right-of-way of State Highway 24 leading to property they owned. This approach road provided the sole access to the property which was used as a farm. In 1972 plaintiffs changed the use of the property and began development of a racetrack complex.

The issue in this declaratory judgment proceeding is whether plaintiffs are required to obtain written consent from the defendant Department of Transportation before making alterations to the approach road.

We agree with the trial judge’s…