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ST. LOUIS COUNTY, MISSOURI v. WATSON

No. ED 93472.

311 S.W.3d 886 (2010)

ST. LOUIS COUNTY, MISSOURI, Plaintiff/Appellant, v. Robert C. WATSON, et al., Defendants, and John S. Garagnani, and Doris A. Garagnani, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 12, 2010.

Application for Transfer Denied June 29, 2010.

Attorney(s) appearing for the Case

Paul J. Puricelli, Stone, Leyton & Gershman, P.C., St. Louis, MO, for appellant.

Robert Denlow, Paul G. Henry, Denlow & Henry, St. Louis, MO, for respondents.

KATHIANNE KNAUP CRANE, Presiding Judge.

This appeal raises the question whether a trial court abuses its discretion by awarding a landowner interest under the last sentence of section 523.045 RSMo (2000)1 on a damage award in an abandoned condemnation proceeding if the landowner does not introduce evidence that it suffered a deprivation of property rights beyond the loss of use of money while the proceedings were pending. Because a trial...

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