EXCELSIOR SPRINGS v. ELMS REDEVELOPMENT

No. WD 54862.

18 S.W.3d 53 (2000)

CITY OF EXCELSIOR SPRINGS and Land Clearance for Redevelopment Authority of Excelsior Springs, Respondents, v. ELMS REDEVELOPMENT CORPORATION, Elms Inn Partners, Elms Hotel Associates Limited Partnership, The Elms of Excelsior Springs, Inc., Robert L. and Carol S. Bisbee, Elms Timesharing Intervals, Inc., Elms Hotel Operating Company, James A. Ash, Laramie Insurance Company, the Industrial Development Authority of the City of Excelsior Springs, Boatmen's First National Bank of Kansas City, Anthony G. Sommers, City of Excelsior Springs, John W. McClelland, Richard E. Morrison, CCDC Financial Corporation, Historic Kansas City Foundation, Pat Vagino, Jessica Vagino, Wendall Swenson, Alice Swenson, Paul E. Bell, Richard Buchli, Robert Burns, Roger A. Fisher, Richard Hernandez, D. Bradford Johnson, Billy Joe Kitterman, Kris W. Leiby, M. Chris Scholdberg, The Department of Revenue of the State of Missouri, Collector for the City of Excelsior Springs, and Collector for Clay County, Defendants, and Linda Snider, Albert Teepen, Barbara Teepen, Dennis Murphy, Lea Muprhy, Robert Carver, Donna Carver, Fred Thorp, and Ruth Thorp, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 2, 2000.

Application for Transfer Denied June 27, 2000.


Attorney(s) appearing for the Case

Julie J. Gibson, Angela Green, John Waldeck, Kansas City, for appellants.

Douglas Richmond, David Barnard, Brian Engel, John McClelland, Kansas City, for respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 2, 2000.

PAUL M. SPINDEN, Judge.

Nine members of a class of more than 850 persons who bought a right to stay at the Elms Hotel in Excelsior Springs for one to two weeks a year appeal the circuit court's decision to deny their motion to set aside its judgment in a condemnation action. The appellants contend that the judgment was void because only nine members of their class received individual...

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