STATE EX REL. HWY. COM'N v. LYNCH TOYOTA

No. 59975.

830 S.W.2d 481 (1992)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff/Appellant, v. JIM LYNCH TOYOTA, INC., et al. Exceptions of Kimco Development Corporation, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied May 12, 1992.

Application to Transfer Denied June 30, 1992.


Attorney(s) appearing for the Case

Rich Tiemeyer, Chief Counsel, Paul R. Sterrett, Government Counsel, Paul R. Ferber, St. Louis, Gregory Wayne Schroeder, Jefferson City, for plaintiff, appellant.

Bryan, Cave, McPheeters & McRoberts, Thomas C. Walsh, Thomas E. Wack and Gerald T. Carmody, Sheila O. Hunsicker, St. Louis, for defendant, respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 12, 1992.

KAROHL, Judge.

The Missouri Highway and Transportation Commission (Commission) appeals from a judgment on a jury verdict which awarded Kimco Development Corporation (Kimco) approximately ten times the damages allowed by the condemnation Commissioners, approximately twenty times the damages found by the Commission's expert testimony, but just over half the damages

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