STATE v. MODERN TRACTOR AND SUPPLY CO.

No. 17620.

839 S.W.2d 642 (1992)

STATE of Missouri ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. MODERN TRACTOR AND SUPPLY COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied September 9, 1992.

Application to Transfer Denied October 27, 1992.


Attorney(s) appearing for the Case

Judy L. Curran, Dist. Counsel, Kansas City, Zachary Cartwright, Dist. Counsel, Rich Tiemeyer, Chief Counsel, Jefferson City, for plaintiff-appellant State ex rel. Missouri Highway & Transp. Com'n.

Gerald H. Lowther, Michael K. Cully, Lowther, Johnson, Joyner, Lowther, Cully & Housley, Springfield, for defendant-respondent Modern Tractor and Supply Co.


Motion for Rehearing or Transfer to Supreme Court Denied September 9, 1992.

MAUS, Judge.

By this action the Missouri Highway and Transportation Commission (Commission), exercising the power of eminent domain, acquired an easement for the construction of the James River Freeway through Kickapoo Prairie Farm owned by Modern Tractor and Supply Company (Modern Tractor). The farm contained 272.78 acres. The right-of-way contains 34.78 acres. A jury found Modern...

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