STATE EX REL. STATE HY. COM'N v. MOUNT MORIAH CEM. ASS'N

No. 53564.

434 S.W.2d 470 (1968)

STATE ex rel. STATE HIGHWAY COMMISSION, Respondent. v. MOUNT MORIAH CEMETERY ASSOCIATION, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied December 9, 1968.


Attorney(s) appearing for the Case

Robert L. Hyder, Earl H. Schrader, Jr., Tom M. Raimo, Kansas City, for respondent.

Samuel J. Molby, Robert C. Canfield, Kansas City, for appellant, Watson, Ess, Marshall & Enggas, Kansas City, of counsel.


Motion for Rehearing or to Transfer to Court En Banc Denied December 9, 1968.

HYDE, Special Commissioner.

Condemnation for state highway purposes of land owned by defendant Cemetery Association. The jury found defendant's damages to be $90,000 while the amount claimed by defendant was over $950,000.00, which difference gives this court jurisdiction.

Defendant operates a garden-type cemetery for profit. It owns 220 acres and has been selling grave spaces...

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