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  5. 649 S.W.2d 495 (1983)
 

ST. EX REL., ST. HY. COM'N OF MO. v. ZEHM ENT.

No. 12520.

649 S.W.2d 495 (1983)

STATE of Missouri, ex rel., STATE HIGHWAY COMMISSION OF MISSOURI, (now Missouri Highway & Transportation Commission), Plaintiff-Appellant, v. ZEHM ENTERPRISES, INC., et al., Exceptions of Zehm Enterprises, Inc., Tract No. 34, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing and to Transfer Denied March 25, 1983.

Application to Transfer Denied May 31, 1983.

Attorney(s) appearing for the Case

Bruce A. Ring, Rich Tiemeyer, Dennis J. Redel, Jefferson City, for plaintiff-appellant.

Clinton B. Roberts, Roberts, Roberts & Rohrer, Farmington, for defendant-respondent.

Motion for Rehearing and to Transfer to Supreme Court Denied March 25, 1983.

MAUS, Judge.

By this action the Missouri Highway and Transportation Commission (Commission) appropriated the right-of-way for a limited access highway across the northern part of a platted subdivision. At the time of the appropriation, all but 2 of the 71 platted lots were yet owned by the developer, Zehm Enterprises, Inc. (Zehm). The subdivision...

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