STATE EX REL. MO. HWY. AND TRANSP. v. ZEISER MOTORS

No. 70549.

949 S.W.2d 106 (1997)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff/Appellant, v. ZEISER MOTORS, INC., et al., Exceptions of the Behlmann Properties Family Limited Partnership: Linda L. Behlmann a/k/a Linda Lee Behlmann, Managing General Partner and Limited Partner; Kenneth A. Behlmann, General Partner and Limited Partner; Brian D. Behlmann, Limited Partner; AND Daniel K. Behlmann, Limited Partner, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 29, 1997.

Application to Transfer Denied August 19, 1997.


Attorney(s) appearing for the Case

Paul R. Sterrett, Missouri Highway & Transportation Commission, Chesterfield, for plaintiff/appellant.

Thomas W. Wehrle, Robert H. Epstein, Don V. Kelly, Susman, Schermer, Rimmel & Shifrin, L.L.C., St. Louis, for defendants/respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 29, 1997.

CRANE, Presiding Judge.

The Behlmann Properties Family Limited Partnership (the Partnership) owned a parcel of land with commercial buildings referred to as "Car City" which it used for car sales and other automotive businesses on the North Outer Road of Highway 70 between the Cave Springs and Mid Rivers Mall overpasses in St. Peters in St. Charles County, Missouri. On September 21...

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