Wyma v. Kauffman

GREENE, Chief Judge.

Plaintiffs filed a four-count petition against multiple defendants seeking various forms of relief because of their discovery that a motel they owned was encroaching upon the right-of-way of State Highway 54. Count II of plaintiffs’ petition, against the State Highway and Transportation Commission, sought a declaratory judgment that the Commission was es-topped to claim a certain line as the state’s right-of-way. The Commission counterclaimed, alleging that it was not so es-topped, and requested a mandatory injunction to force plaintiffs to remove the encroaching portion…