Harrison v. State Highways & Transportation Commission

FLANIGAN, Judge.

Plaintiffs Glen Harrison, Jr., and Sophia B. Harrison brought this declaratory judgment action against the State Highways and Transportation Commission (“the commission”). The petition sought a determination of the present status of a “temporary borrow pit easement,” [“the 1959 easement”], acquired by the commission as a result of a 1959 condemnation action, across land now owned by the plaintiffs in Stoddard County. 1 The petition alleged that the easement “has heretofore expired and no longer conveys to the commission any rights for digging of road building material.”

The…