Legal Opinion
Mississippi State Highway Commission v. Morgan
Mississippi Supreme Court
Decided January 27, 1964No. 43036PublishedCited by 12 opinions
1Opinion of the CourtEthridge, J.
This case is a contest of an action by the State Highway Commission, appellant, to get substitute condemnation for the use of an owner who has been deprived by the Commission of a permissive right-of-way for a conceded public use. We hold the Commission has the power of substitute condemnation in a proper case, but that in this instance it abused its discretion. Hence we affirm the Circuit Court of Jones County, which issued a writ of prohibition against the agency, restraining the particular condemnation proceeding.
The new United States Interstate Highway No. 59 runs north and south within…
2Cases cited11 opinions
- Dohany v. RogersSupreme Court of the United States · 1930
- Brown v. United StatesSupreme Court of the United States · 1923
- Culley v. Pearl River Industrial CommissionMississippi Supreme Court · 1959
- Luke v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1958
- Pitznogle v. Western Maryland RailroadCourt of Appeals of Maryland · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Yeckel v. ConnellWyoming Supreme Court · 1973
- Mississippi State Highway Commission v. MorganMississippi Supreme Court · 1965
- Mississippi State Highway Commission v. MorganMississippi Supreme Court · 1966
- Benton v. State Highway DepartmentCourt of Appeals of Georgia · 1965
- Benton v. State Highway Dept.Court of Appeals of Georgia · 1965
7 more not listed; retrieve them via the Exa API.