Miller v. Atkinson

In this petition we are asked to review a July, 1961 order of the Superior Court, Third Judicial District, temporarily restraining the petitioners from removing in-place gravel from a certain gravel pit. The basic question presented is whether any legal grounds existed for the issuance of the restraining order.

The petitioner Miller operates the gravel pit in question on state owned land under a contract with the state to' purchase some 500,000 cubic yards of pit-run sand and gravel. Title to the materials passes to him only upon severance from the pit and payment therefor at the agreed…