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BROOKSBANK v. LEECH

332 S.W.2d 210 (1959)

Robert E. BROOKSBANK et ux. v. W.M. LEECH, Commissioner, etc. James H. JOHNSTON et ux. v. W.M. LEECH, Commissioner, etc.

Supreme Court of Tennessee.

Rehearing Denied February 5, 1960.

Attorney(s) appearing for the Case

Ladd & Qualls, Harriman, for plaintiffs in error.

James M. Glasgow, Asst. Atty. Gen., for defendant in error.

BURNETT, Justice.

The plaintiffs in error filed their suits against the Commissioner of Highways and Public Works for the State of Tennessee for the taking of, and damage to, property incident to construction of a controlled access facility, commonly called a super highway. The defendants demurred on the ground that Article 1, Section 17, of the Constitution of Tennessee, and Code Section 20-1702, T.C.A., inhibits suits of this character. The trial judge sustained...

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