Christensen v. Board of Supervisors of Woodbury Co.

The question presented is whether the district court lacked jurisdiction of the subject matter of this action. We must disagree with the trial court’s determination there was such lack of jurisdiction.

Plaintiffs own two noncontiguous eighty-acre tracts, farmed as a unit, on an east-and-west secondary road in Woodbury County. New Interstate Highway 29 runs generally north and south between the two tracts. Defendant, Board of Supervisors, acting under chapter 306, Code of 1958, entitled “Establishment, Alteration and Vacation of Highways”, held a hearing on March 19, 1958, on the matter of…