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STATE EX REL. MO. HWY. & TRANSP. COM'N v. TURNER

No. WD 46027.

857 S.W.2d 293 (1993)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent, Cross-Appellant, v. William D. TURNER, et al., Defendants, and William R. Rutherford and Virginia M. Rutherford; Willian E. Womack and Orville Womack, d/b/a 4 Seasons Bait and Tackle, et al., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 1, 1993.

Application to Transfer Denied August 17, 1993.

Attorney(s) appearing for the Case

Joseph R. Borich, III, Kansas City, for appellants.

Peter M. Donovan, Judy L. Curran, Kansas City, Rich Tiemeyer, Jefferson City, for respondent.

Before KENNEDY, P.J., and BERREY and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 1, 1993.

SPINDEN, Judge.

The primary issue in this appeal is whether the Missouri Highway and Transportation Commission (MHTC) can abandon its condemnation action for a temporary construction easement after the property owner challenges the original condemnation award of $1000 and obtains a jury verdict of $20,000. We resolve this and other issues...

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