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MOORE v. STATE HIGHWAY COMMISSION

No. 43,203

191 Kan. 624 (1963)

383 P.2d 549

W. EDGAR MOORE, Appellant, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

L.M. Cornish, Jr., of Topeka, argued the cause, and Alfred B. Page, Ralph F. Glenn, M.D. Bartlow, George D. Wagstaff, Gary L. Rohrer, Allen F. Gerye and Jan W. Leuenberger, all of Topeka, were with him on the briefs for the appellant.

Jerry W. Hannah, of Topeka, argued the cause, and Charles N. Henson, assistant attorney general, and Mark L. Bennett, Jr., assistant attorney, State Highway Commission, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for a mandatory injunction filed by W. Edgar Moore, plaintiff (appellant), a landowner, against the State Highway Commission seeking to enjoin the commission from prohibiting him direct access to federal Interstate Highway 35 (previously relocated US-50) until such time as access rights of the landowner were acquired by the commission. The plaintiff...

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