State Department of Transportation v. Myers

WIGGINTON, Judge.

Petitioner seeks review by common law certiorari of an order of taking rendered by the trial court in an eminent domain action. By its order the court found that petitioner had exceeded its delegated authority and was acting arbitrarily in its attempt to appropriate by this proceeding certain lands allegedly required by it for providing limited access to an interchange on an interstate highway being constructed by petitioner.

Although the challenged order is not one from which an interlocutory appeal will lie, since it relates to the issue of necessity for taking land sought…