City of Richmond v. S.M.O., Inc.

The defendant-appellant, City, is appealing from the trial court’s judgment enjoining the City from maintaining a barricade between the property of the plaintiffappellee, Burger Chef, and a state highway.

The primary issues raised by the City may be paraphrased as whether the City had a right to regulate access to a state highway and, if so, was that power properly exercised.

For the reasons stated hereafter we affirm the trial court’s judgment.

The facts show that the Indiana State Highway Commission granted Burger Chef’s application for a curb cut and driveway along a state highway. Burger…