Clayton County v. Billups Eastern Petroleum Co.

Bull, Judge.

The sole question here is whether a cause of action is stated for damage to property by a petition alleging facts sufficient to authorize a jury to find substantial impairment of an owner’s right of ingress and egress directly to and from the highway where, as in this case, the highway is converted from an unlimited to a limited access road and there is provided at the time of the change a service road by which the plaintiff’s property can. be reached. Is such damage to be held to be compensable as a damaging of private property within the meaning of the constitutional provision…