GARDNER v. CITY OF CAPE GIRARDEAU

No. 65641.

880 S.W.2d 652 (1994)

Robert GARDNER and Bernadette A. Gardner, Plaintiffs/Appellants, v. CITY OF CAPE GIRARDEAU, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

August 9, 1994.


Attorney(s) appearing for the Case

Jonah T. Yates, Oliver, Oliver & Waltz, P.C., Cape Girardeau, for appellants.

Warren L. Wells, City Atty., Cape Girardeau, for respondent.


KAROHL, Judge.

Robert and Bernadette Gardner ("landowners") filed suit for "common law damage/inverse condemnation" against the City of Cape Girardeau ("City") for wrongful appropriation of their property because the City conducted a pre-condemnation survey. The trial court dismissed the petition with prejudice. However, it considered matters outside the pleadings. Landowners argue on appeal the trial court erred with respect to two points: 1) granting the City's...

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