FORTY MILL REALTY v. STATE

No. 63692.

872 S.W.2d 528 (1994)

FORTY MILL REALTY VENTURE, et al., Plaintiffs-Appellants, v. STATE of Missouri, ex rel., MISSOURI HIGHWAY & TRANSPORTATION DEPARTMENT, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied March 9, 1994.

Application to Transfer Denied April 26, 1994.


Attorney(s) appearing for the Case

LaTourette, Schlueter, Ebling & Byrne, Samuel C. Ebling, St. Louis, for plaintiffs-appellants.

Paul R. Sterrett, Paul R. Ferber, Rich Tiemeyer, Chesterfield, for defendant-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 9, 1994.

PUDLOWSKI, Judge.

This case involves appellants' action for inverse condemnation. The trial court sustained respondent's motion to dismiss for failure to state a cause of action. On appeal, appellants argue: 1) although no property was taken, respondent's reorganization of certain highways damaged appellants' property and this violates Article 1, § 26 of the Missouri Constitution...

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