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HARRIS v. MISSOURI DEPT. OF CONSERVATION

No. WD 39941.

755 S.W.2d 726 (1988)

Brown HARRIS II, Trustee for the Christopher Harris Trust, Appellant, v. MISSOURI DEPARTMENT OF CONSERVATION, Respondent.

Missouri Court of Appeals, Western District.

August 16, 1988.

Attorney(s) appearing for the Case

Robert B. Thomson, Kansas City, for appellant.

Robert J. Swift, Jr., Jefferson City, for respondent.

Before CLARK, P.J., and LOWENSTEIN and FENNER, JJ.

LOWENSTEIN, Judge.

This is a case for damages for inverse condemnation. It comes on for appeal following the granting of the dismissal of plaintiff's petition for failure to state a cause of action. The plaintiff is trustee for a trust which owns a 888 acre tract of land which (totally) encompasses a 230 acre lake. The petition alleges that in May, 1983, "Plaintiff notified the Missouri Department of Conservation of its intent to commercially fish the property and...

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