Mabe v. State Ex Rel. Rich

Appellants by this action seek damages for impairment to and taking of highway access to their real property, being purchased under an agreement of sale. Respondents’ motion for summary judgment was granted and judgment entered dismissing the action with prejudice.

Appellants assign as error the court’s action in granting the motion and entering summary judgment; they claim that the amended complaint and affidavit of appellant Orville O. Mabe, set forth facts showing material interference with and damage to their right of access to U. S. Highway 30, with resulting depreciation to their…