Hendrickson v. State

Otis, Justice.

These proceedings were brought by Hendrickson and Brown as vendee and vendor of property abutting a “controlled access highway” in the outskirts of the city of Rochester. The relief sought is to require the state to institute condemnation proceedings, or in the alternative to pay plaintiffs damages, for denying them access to the main traveled portion of the highway which is newly constructed on the previously established right-of-way adjoining plaintiffs’ property. From a summary judgment of dismissal, plaintiffs appeal.

The action was submitted on stipulated facts. Prior to the…