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STATE EX REL. HWY. & TRANSP. COM'N v. BEHLE

No. 63070.

863 S.W.2d 898 (1993)

STATE of Missouri, ex rel., MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, Plaintiffs-Appellants, v. Paul L. BEHLE, et al., Exceptions of Trautman Farms, et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

October 12, 1993.

Attorney(s) appearing for the Case

Laura A. Schildz & Richard L. Tiemeyer, Chesterfield, for plaintiffs-appellants.

Joe Bill Carter, Kirkwood, for defendants-respondents.

KAROHL, Judge.

The Missouri Highway and Transportation Commission (MHTC) appeals from a jury verdict in favor of the owner of Trautman Farms (landowner) in the amount of $160,000 in condemnation damages. MHTC raises two points on appeal, both of which depend on the admissibility of evidence consisting of construction period damages affecting landowner's property abutting the condemned parcel and construction easement. MHTC charges error first in the admission of construction...

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