State ex rel. State Highway Commission v. Finch

FLANIGAN, Judge.

The State Highway Commission sought an injunction enjoining defendants Finch from maintaining a junkyard on their land in Wayne County on the ground that its maintenance violated §§ 226.650-226.7201 “in that said junkyard is within 1,000 feet of the nearest edge of a primary highway, State Highway 67, and is not licensed.” The petition further alleged that defendants had failed to correct the violations and continued to maintain the junkyard unlawfully.

The trial court, sitting without a jury, held two hearings, the first in December 1979 and the second in March 1981. The…