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PLANNED INDUS. EXPANSION v. IVANHOE

No. WD 70655.

316 S.W.3d 418 (2010)

PLANNED INDUSTRIAL EXPANSION AUTHORITY OF KANSAS CITY, Appellant, v. IVANHOE NEIGHBORHOOD COUNCIL and Brown-Caldwell Christian School, Respondents.

Missouri Court of Appeals, Western District.

As Modified June 1, 2010.

Application for Transfer Denied August 31, 2010.

Attorney(s) appearing for the Case

William E. Quirk, Daniel R. Zmijewski and Anthony W. Bonuchi, Kansas City, MO, for Appellant.

Allison Bergman, Patrick L. Kenney and Michele P. Gellis, Kansas City, MO, for Respondent Ivanhoe Neighborhood Council.

Sherwin L. Epstein and Allen T. Zugelter, Overland Park, KS, for Respondent Brown-Caldwell Christian School.

Before Division III: JAMES EDWARD WELSH, Presiding Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

This is a condemnation action in which the trial court found that Appellant Planned Industrial Expansion Authority of Kansas City ("Expansion Authority") failed to fulfill its statutory obligations to conduct good faith negotiations with the owners of certain property that the Expansion Authority sought to condemn. We affirm and remand for a determination of appropriate attorneys' fees.

Facts and Procedural Background

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