STATE, ETC. v. BERKELEY SCHOOL DIST.

No. 41745.

618 S.W.2d 195 (1981)

STATE of Missouri, ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. BERKELEY SCHOOL DISTRICT, et al., Exceptions of Edward F. Conrey, Thelma M. Conrey and Ed Conrey, Inc., a corporation, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 12, 1981.


Attorney(s) appearing for the Case

Glennon R. Vatterott, St. Ann, for defendants-appellants.

Richard Baker, Donna Clayton, Kirkwood, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied June 12, 1981.

WEIER, Judge.

This is a condemnation case in which the commissioners awarded defendants the sum of $74,700 as damages and both parties filed exceptions. In a trial on plaintiff's exceptions to the commissioners' award, the jury awarded defendants the sum of $52,576. Defendants appeal. We reverse and remand.

Defendants owned a tract of land comprising some 83,501 square feet...

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