JACKSON COUNTY v. HESTERBERG

No. KCD 26136.

519 S.W.2d 537 (1975)

JACKSON COUNTY, Missouri, Plaintiff-Respondent, v. Gene H. HESTERBERG et al., Defendants, Carl T. Moore, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

As Modified February 26, 1975.


Attorney(s) appearing for the Case

William K. Poindexter, William A. Collet, Kansas City, for defendant-appellant.

Harold L. Fridkin, County Counselor, Tom J. Helms, Asst. County Counselor, Kansas City, for plaintiff-respondent.

Before DIXON, Chief Judge and SHANGLER and WASSERSTROM, JJ.


In this condemnation proceeding, the defendant, Carl T. Moore, appeals from judgment entered on a jury verdict awarding $51,000 damages for his property taken by Jackson County, Missouri, under eminent domain for use as a park. The plaintiff county has not appealed. Defendant asserts that he was denied due process of law when the trial court did not allow defendant to discover or introduce evidence challenging plaintiff's right to condemn at the initial hearing on the plaintiff...

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