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CITY OF SPRINGFIELD v. LOVE

No. 13890.

721 S.W.2d 208 (1986)

CITY OF SPRINGFIELD, Missouri, A Municipal Corporation, Plaintiff-Appellant, v. Lewis Crenshaw LOVE, on Exceptions of Modern Tractor & Supply Company, Inc., Defendant-Respondent. Missouri State Highway and Transportation Department and Land Clearance for Redevelopment of the City of St. Louis, Amici Curiae.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 5, 1986.

Application to Transfer Denied January 13, 1987.

Attorney(s) appearing for the Case

Karen Marty, Asst. City Atty., Springfield, for plaintiff-appellant.

Gerald H. Lowther, Michael K. Cully, Lowther, Johnson, Lowther, Cully & Housley, Springfield, for defendant-respondent.

Bruce A. Ring, Chief Counsel, John H. Gladden, Springfield, for Missouri State Highway and Transp. Dept. Asst. Counsel, amicus curiae.

Sarah Siegel, General Counsel, St. Louis, for Land Clearance for Redevelopment of the City of St. Louis, amicus curiae.

HOGAN, Presiding Judge.

This is a condemnation case, heard below upon the exceptions to the report of commissioners filed by Modern Tractor & Supply Company, Inc. (hereinafter Modern Tractor or the condemnee). The City of Springfield (hereinafter the city or the condemnor) has exercised its power of eminent domain conferred by its charter to appropriate several parcels of land in the extreme southwest part of the city. The enabling ordinance found it necessary...

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