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MISSOURI HIGHWAY AND TRANSP. v. WESTGROVE

No. ED 92485.

306 S.W.3d 618 (2010)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. WESTGROVE CORPORATION, et. al., Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 8, 2010.

Application for Transfer Denied April 20, 2010.

Attorney(s) appearing for the Case

John E. Toma, Jr., Melissa M. Zensen, St. Louis, MO, for Appellant.

Wendy S. Menghini, Charles L. Merz, St. Louis, MO, for Respondent.

ROBERT G. DOWD, JR., Judge.

The Missouri Highways and Transportation Commission ("MHTC") appeals from the judgment of the trial court granting Westgrove Corporation and David and Patricia Matula's ("the Matula's") motion for summary judgment. We dismiss.

The following facts are not in dispute. On March 16, 1989, Ruth Ballard executed a general warranty deed granting certain real property at issue in this case ("the Property") to Westgrove Corporation

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