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RIVERSIDE-QUINDARO BEND LEVEE v. WATER CO.

No. WD 61718.

117 S.W.3d 140 (2003)

In the Matter of RIVERSIDE-QUINDARO BEND LEVEE DISTRICT, PLATTE COUNTY, MISSOURI, Respondent, v. MISSOURI AMERICAN WATER COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Transfer Denied July 29, 2003.

Application for Transfer Denied October 28, 2003.

Attorney(s) appearing for the Case

R. Dan Boulware, St. Joseph, MO, Ronald L. Holt, Todd Henry Bartels, Kansas City, MO, for appellant.

John W. McClelland, Kansas City, MO, R. Michael McGinness, Platte City, MO, for respondent.

Before THOMAS H. NEWTON, P.J., ROBERT G. ULRICH and EDWIN H. SMITH.

Motion for Transfer to Supreme Court Denied July 29, 2003.

ROBERT ULRICH, Judge.

Missouri American Water Company ("Water Company") appeals the judgment of the Circuit Court favoring Riverside-Quindaro Bend Levee District ("Levee District") in its condemnation of property that certain entities had authorized the Water Company to utilize and on which the Water Company had placed water distribution lines.1 Water Company raises

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