State v. Simmons

This is a petition in the name of the state by the aeronautics commission for the determination of compensation for the taking of property now owned by the substituted defendants for the expansion of an airport. The special defense of the original defendant, the predecessor in title, alleged that the aeronautics commission’s decision as to the necessity for the taking of the property “is unreasonable, was made in bad faith, and is an abuse of the power conferred upon it.” After a trial of the cause, the court determined the taking to be reasonable and necessary. Upon appeal, however, the…