STATE EX REL. MO. HIGHWAY AND TRANSP. COM'N v. HORINE

No. 71339.

776 S.W.2d 6 (1989)

STATE ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent, v. Jack HORINE and Wanda Horine, et al., Appellants.

Supreme Court of Missouri, En Banc.

September 8, 1989.


Attorney(s) appearing for the Case

Werner A. Moentmann, Richmond, for appellants.

Judy Curran, Rich Tiemeyer, Earl H. Schrader, Jr., Mallory Burnett, Missouri Highway & Transp. Com'n., Kansas City, for respondent.


ROBERTSON, Judge.

The issue in this case is whether a landowner who is a party in a condemnation action may recover consequential damages to his land even though those damages are the product of the taking of land owned by other condemnees in the same condemnation action. Appellants assign error to the trial court instructing the jury not to consider evidence of diminished market value to the appellants' property that may result from an increased likelihood of flooding...

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