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STATE, ETC. v. CONLEY DEVELOPMENT CO.

No. 43321.

628 S.W.2d 683 (1982)

STATE of Missouri, ex rel., MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent, v. CONLEY DEVELOPMENT CO., Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

February 2, 1982.

Attorney(s) appearing for the Case

George J. Bagot, Gerard Hempstead, Clayton, for appellant.

Donald L. Spry, Kirkwood, William Brown, Bridgeton, for respondent.

SMITH, Presiding Judge.

Conley Development Co. appeals from a judgment in a jury-tried condemnation case. The land involved is owned by Conley and is a vacant parcel located within a high-quality residential subdivision. The subdivision contains much common ground including a moderate sized lake, parks, an island, and paths. Each owner of a lot in the subdivision has an undivided interest in the common lands.

On appeal Conley raises only one contention —...

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