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STATE EX REL. STATE HWY. COM'N v. FERGUSON

No. 28298.

553 S.W.2d 517 (1977)

STATE ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. Harve FERGUSON and Mary K. Ferguson, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

June 27, 1977.

Attorney(s) appearing for the Case

Strop, Watkins, Hoskins & King, Dan Hale, St. Joseph, for defendants-appellants.

Bruce A. Ring, Chief Counsel, Highway Commission, Jefferson City, Earl H. Schrader, Jr., Darold W. Jenkins, Asst. Counsel, Highway Commission, Kansas City, for plaintiff-respondent.

Before SHANGLER, P. J., and WELBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment which required landowners to repay $20,000 of a $130,000 commissioners' award in condemnation. The question is whether a prior conveyance of right of way from landowners to the State, particularly its access reservation provision, was relevant to the issue of damages as to render its exclusion from the jury reversible error. Affirmed.

Harve and Mary Ferguson are the owners of a 748-acre farm which...

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