STATE EX REL. STATE HIGHWAY COMM'N v. MOULDER

No. 9739.

547 S.W.2d 882 (1977)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Respondent, v. Earl MOULDER, on Exceptions of Austyn O. Swenson and Justine Swenson, Defendants-Appellants.

Missouri Court of Appeals, Springfield District.

Rehearing Denied March 7, 1977.


Attorney(s) appearing for the Case

Bruce A. Ring, Jefferson City, George M. Johnson, William T. Powers, Jr., Springfield, for plaintiff-respondent.

Charles C. Shafer, Jr., A. Howard Chamberlin, Kansas City, for defendants-appellants.

Before STONE, P. J., and HOGAN and TITUS, JJ.


TITUS, Judge.

This case was reassigned to the writer for opinion. Mr. and Mrs. Swenson, the defendants, were owners and developers of an 80-acre subdivision known as Eastwood Hills. By condemnation the State Highway Commission of Missouri (state) took 8.23 acres of this land, plus .03 acres for a permanent drainage easement, for the construction of U.S. 65 By-Pass located east of Springfield. Defendants calculated their damages at $344,475, while witnesses for the...

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