Franks v. State Highway Commission

The opinion of the court was delivered by

Robb, J.:

This is an appeal by the state highway commission in a suit in equity by landowners to enjoin the commission from limiting and controlling plaintiffs’ right of access from their land to a relocated highway. The trial court overruled the commission’s demurrer to plaintiffs’ amended petition and this appeal by the commission from that order followed.

We shall refer to the plaintiffs as they were in the lower court, to the state highway commission as the commission, and to the amended petition as the petition. Attention is called to the map…