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STATE EX REL. STATE HIGHWAY COMMISSION v. DUNARD

No. 34237.

485 S.W.2d 657 (1972)

STATE of Missouri ex rel., STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. William D. DUNARD et al., Exceptions of Gaylord Humes, et al., Defendants, Gaylord Humes et al., Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division 2.

October 3, 1972.

Attorney(s) appearing for the Case

Carter & Newmark, Joe Bill Carter, Clayton, for defendants-appellants.

Robert L. Hyder, Chief Counsel, Thomas E. Cheatham, Asst. Counsel, Jefferson City, for plaintiff-respondent.

SMITH, Judge.

Landowners appeal from a judgment of $15,000 in a condemnation suit. The sole point raised here is that the court erred in allowing the State Highway Commission to amend its petition to show an additional access entrance from a side road to the remaining tract which side road was to be built in the future.

The property involved is an 86.8 acre tract located on Highway 61 (not a limited access road) in Lincoln County. The Commission sought to...

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