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STATE v. STARLING PLAZA PARTNERSHIP

No. 74336.

832 S.W.2d 518 (1992)

STATE ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. STARLING PLAZA PARTNERSHIP, et al., Defendants-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 30, 1992.

Attorney(s) appearing for the Case

Paul R. Sterrett, Paul R. Ferber, Rich Tiemeyer, Kirkwood, for plaintiff-appellant.

Roland Wegmann, Daniel A. Cytron, Hillsboro, Robert F. Summers, Theresa Counts Burke, St. Louis, for defendants-respondents.

ROBERTSON, Chief Justice.

Under the tripartite rule of unity first announced in The Wyandotte, Kansas City and Northwestern Railway Company v. Waldo, 70 Mo. 629 (1879), damages in eminent domain are measured against the whole of the condemnee's property where separate but contiguous parcels bear a common ownership and unity of use. The issue in this case is whether a landowner who owns three contiguous parcels of land that are used for a common purpose may...

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