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MO. HWY. & TRANSP. COM'N v. ROCKHILL DEV.

No. WD 46638.

865 S.W.2d 765 (1993)

MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, Respondent, v. ROCKHILL DEVELOPMENT CORPORATION, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 2, 1993.

Application to Transfer Denied December 21, 1993.

Attorney(s) appearing for the Case

Kenneth C. Hensley, Hensley & Hensley, Raymore, for appellant.

Peter M. Donovan, Sr. Asst. Counsel, Kansas City, for respondent.

Before BERREY, P.J., and BRECKENRIDGE and HANNA, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 1993.

BRECKENRIDGE, Judge.

Rockhill Development Corporation (Rockhill) appeals from the trial court's $40,000 judgment in its favor, for damages in condemnation, against the Missouri Highway and Transportation Commission (MHTC). Rockhill asserts three points on appeal arguing that the trial court erred in: 1) instructing the jury not to consider evidence of the alleged increase in surface...

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