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STATE EX REL. MO. HIGHWAY & TRANSP. COM'N v. MANN

No. WD 36779.

708 S.W.2d 683 (1986)

STATE of Missouri, ex rel., MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, Appellants, v. William S. MANN, et al., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 27, 1986.

Application to Transfer Denied May 13, 1986.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Earl H. Schrader, Jr., Gary McMillan, Asst. Counsel, Kansas City, for appellants.

Bruce G. Heavner, Clifford N. Jarrett, Heavner, Jarrett & Kimball, P.C., Kansas City, for respondent.

Before TURNAGE, P.J., and DIXON and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied March 27, 1986.

PER CURIAM:

The appellant, the Missouri Highway and Transportation Commission (state), sought to relocate Highway 291. The respondents (landowners), own a 209 acre tract in the right of way. The land is in an unincorporated area of Jackson County near the Missouri River. The tract contains vast amounts of commercially salable sand located in 173 acres of the land. Since...

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