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STATE v. COOL'S TALL TOWER

No. 13915.

700 S.W.2d 114 (1985)

STATE of Missouri, ex rel., STATE HIGHWAY COMMISSION OF MISSOURI, Plaintiff-Appellant, v. COOL'S TALL TOWER, RESTAURANT AND MARINA, et al., Exceptions of Osage Outdoor Advertising, Inc., et al., Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied, October 29, 1985.

Application to Transfer Denied, December 17, 1985.

Attorney(s) appearing for the Case

Bruce A. Ring, Dennis J. Redel, Philip R. Pruett, Jefferson City, for plaintiff-appellant.

Alex Bartlett, Bartlett, Venters, Pletz & Toppins, P.C., Jefferson City, for respondent Osage Outdoor Advertising, Inc.

Richard N. Ward, Walter J. O'Toole, Jr., Kansas City, for amicus curiae City of Kansas City.

FLANIGAN, Judge.

Does the State Highway Commission, after filing exceptions to the award of commissioners in a highway condemnation case, have the right to trial by jury over the objection of the landowner? The trial court answered the question in the negative. This court agrees with the commission that the trial court erred in so ruling.

This is a condemnation action brought by the State Highway Commission of Missouri, now the Missouri Highway and Transportation...

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