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STATE EX REL. MO. HWY. & TRANSP. v. MOSLEY

No. 49079.

697 S.W.2d 247 (1985)

STATE of Missouri, ex rel., MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. Arthur C. MOSLEY, Jr., et al., Exceptions of Walter L. Bender, et al., Tract No. 3, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied August 28, 1985.

Application to Transfer Denied October 16, 1985.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, and Michael J. Kuster, Asst. Counsel, Jefferson City, for plaintiff-appellant.

Robert Denlow, St. Louis, for defendantrespondent.

CARL R. GAERTNER, Judge.

The Missouri Highway and Transportation Commission appeals from a judgment in the sum of $50,000.00 based on a jury verdict in a condemnation case. By the power of eminent domain the Commission took 2.14 acres of a 21.10 acre tract for an extension of the north outer road of Highway 40 in St. Charles County. The outer road had previously come to a dead-end at defendant's residential property but...

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