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CURATORS OF UNIV. OF MO. v. BROWN

No. WD 43426.

809 S.W.2d 64 (1991)

The CURATORS OF the UNIVERSITY OF MISSOURI, Respondent, v. Arthur BROWN, et al., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 30, 1991.

Application to Transfer Denied June 11, 1991.

Attorney(s) appearing for the Case

Irving Achtenberg, Achtenberg & Achtenberg, Kansas City, for appellants.

Larry L. McMullen, Peter T. Niosi, and David B. Raymond, Blackwell, Sanders, Matheny, Weary & Lombardi, for respondent.

Before BERREY, P.J., and TURNAGE and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 30, 1991.

TURNAGE, Judge.

The Curators of the University of Missouri brought this action in condemnation to acquire property owned by Arthur Brown. Brown challenged the right of the Curators to acquire his property by alleging that the taking was for a private use and not a public use. The court found the taking was for a public use. A trial fixed the value of Brown's property and Brown appeals...

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