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CITY OF BRANSON v. BRANSON HILLS MASTER

No. SD 29577.

292 S.W.3d 467 (2009)

CITY OF BRANSON, Missouri, Plaintiff/Respondent v. BRANSON HILLS MASTER ASSOCIATION, INC., and Grant General Contractors, Inc., Defendants/Co-Respondents and Jista, Inc., Defendant/Appellant.

Missouri Court of Appeals, Southern District, Division Two.

August 5, 2009.

Attorney(s) appearing for the Case

John E. Price, Carnahan, Evans, Cantwell & Brown, P.C., Springfield, MO, for Appellant.

Joseph A. Bohrer, Mark C. Fels, Yates, Mauck, Bohrer, Elliff & Fels, P.C., Springfield, MO, Anthony J. Soukenik, Sandberg, Phoenix & Von Gontard, P.C., St. Louis, MO, for Respondent Grant General Contractors.

JOHN E. PARRISH, Judge.

The City of Branson, Missouri, exercised its eminent domain authority by condemning a parcel of land in Branson Hills, a development in Taney County, Missouri, owned by Grant General Contractors, Inc. (Grant). An order of condemnation was entered appointing commissioners to assess damages as prescribed by Rule 86.06. The Commissioners' Report was filed, after which exceptions were filed by the city and by JISTA, Inc. (JISTA). See Rule 86.08...

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