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STATE v. DELMAR GARDENS OF CHESTERFIELD

No. 63815.

872 S.W.2d 178 (1994)

STATE of Missouri, ex rel., MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. DELMAR GARDENS OF CHESTERFIELD, INC., et al., Exceptions of Chesterfield Builders, Inc., et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

March 22, 1994.

Attorney(s) appearing for the Case

Rich Tiemeyer, Chief Counsel, R.B. Regan, Asst. Counsel, and Paul R. Ferber, Dist. Counsel, Chesterfield, for plaintiff-appellant.

Rosenblum, Goldenhersh, Silverstein & Zafft, P.C., Mark E. Goodman and Jell A. Silverstein, Clayton, for defendants-respondents.

KAROHL, Judge.

The Missouri Highway and Transportation Commission (Commission) appeals an award of $413,852 in damages to landowners in a partial taking condemnation case. The Commission argues the trial court erred in ruling, as a matter of law, that special benefits could not accrue to the property; in excluding portions of the Commission's expert's testimony because his opinion was based on hearsay; in sustaining landowner's motion in limine and objection to the...

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