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STATE EX REL. MO. HIGHWAYS v. GREENWOOD

Nos. WD 68846, WD 68847.

269 S.W.3d 449 (2008)

STATE of Missouri, ex rel., MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Respondent, v. David E. GREENWOOD and Carolyn G. Greenwood, Appellants.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied October 28, 2008.

Application for Transfer Denied December 16, 2008.

Attorney(s) appearing for the Case

Robb A. Denney, Lee's Summit, MO, for Respondent.

Jennifer Marie Hannah, Overland Park, KS, for Appellants.

Before HAROLD L. LOWENSTEIN, P.J., PAUL M. SPINDEN, Judge and VICTOR C. HOWARD, Judge.

VICTOR C. HOWARD, Judge.

David E. Greenwood1 and Carolyn G. Greenwood (together "Greenwood") appeal a jury award arising out of a condemnation action brought by the Missouri Highways and Transportation Commission (MHTC). Greenwood owned a farm adjacent to U.S. Highway 36. MHTC sought to condemn approximately 7.5 acres of Greenwood's land to accommodate a federally funded highway improvement project. In 1999, a duly appointed commission...

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