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CITY OF CAPE GIRARDEAU v. ROBERTSON

No. 41724.

615 S.W.2d 526 (1981)

CITY OF CAPE GIRARDEAU, Missouri, a Municipal Corporation, Plaintiff-Appellant, v. Patricia Benton ROBERTSON, Jack C. Robertson, et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 24, 1981.

Application to Transfer Denied June 8, 1981.

Attorney(s) appearing for the Case

Robert C. Fick, Cape Girardeau, for plaintiff-appellant.

Albert C. Lowes, Buerkle, Lowes & Beeson, Jackson, for Reece W. and Louise Sanders, Patricia Benton Robertson and Jack C. Robertson.

Michael L. Richey, Richey & Price, Cape Girardeau, for Western District of the Lutheran Church— Mo. Synod (Good Shepherd Lutheran Church).

A. M. Spradling III, Spradling & Spradling, Cape Girardeau, for William A. and Frieda Schumacher.

Joseph P. Fuchs, Deptster, Fuchs & Barkett, Sikeston, for Billy D. and Julia Hoffmeister.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 24, 1981.

SATZ, Judge.

In this case, the City of Cape Girardeau (City) appeals from the trial court's dismissal of the City's petition seeking an order of condemnation. We affirm.

The City filed a petition seeking an order of condemnation to obtain a "permanent construction easement" over parcels of land owned by the respondents (Landowners). According to the City's allegations, the...

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