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STATE EX REL. STATE HIGHWAY COM'N v. HARPER

No. KCD 27491.

542 S.W.2d 555 (1976)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. Finis HARPER et al. (Grounds Exceptions), Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

October 12, 1976.

Attorney(s) appearing for the Case

Joseph S. Levy, Richard M. Shteamer, Kansas City, for defendants-appellants.

Bruce A. Ring, Chief Counsel, Jefferson City, Earl H. Schrader, Jr., Darold W. Jenkins, Milton D. Skeens, Kansas City, for plaintiff-respondent.

Before DIXON, P.J., PRITCHARD, C.J., and WASSERSTROM, J.

DIXON, Presiding Judge.

This is an appeal by condemnees from a jury trial on the issue of damages in a condemnation proceeding. Landowner appeals the jury verdict of no damages. The judgment must be affirmed. None of the issues raised on the appeal have been properly preserved.

In 1969 the State took 7.35 acres of a 52-acre tract in Cass County for a drainage ditch and outer-roadway connection with U.S. Highway 71. This tract is bordered on the east by Highway...

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