STATE EX REL. STATE HIGHWAY COMMISSION v. KALIVAS

No. 56096.

484 S.W.2d 292 (1972)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. William KALIVAS and Helen Kalivas, Exceptions of William Kalivas and Helen Kalivas, Respondents.

Supreme Court of Missouri, Division No. 2.

September 11, 1972.


Attorney(s) appearing for the Case

Robert L. Hyder, Chief Counsel, Tom J. Helms and Earl H. Schrader, Jr., Asst. Counsel, Kansas City, for appellant.

R. B. Miller, Jr., Platte City, for respondents.


MORGAN, Presiding Judge.

Plaintiff, the State Highway Commission of Missouri, appropriated certain land of the defendants for construction of Highway I-635 in Platte County. Commissioners, appointed by the court, assessed defendants' damage at $49,500. After trial to a jury on the exceptions, a verdict was returned in favor of defendants in the amount of $7,000. Thereafter, judgment, by way of refund, was entered in favor of plaintiff for $42,500 plus interest. Defendants...

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