S & P PROPERTIES, INC. v. DALY

No. ED 94745.

330 S.W.3d 128 (2010)

S & P PROPERTIES, INC., Respondent, v. Gregory F.X. DALY, Collector of Revenue, and Ed Bushmeyer, Assessor, Appellants.

Missouri Court of Appeals, Eastern District.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 25, 2011.


Attorney(s) appearing for the Case

Carl W. Yates III , St. Louis, MO, for Appellant Bushmeyer.

Anthony J. Sestric , St. Louis, MO, for Appellant Daly.

Angela N. Loehr , Andrew D. Dillon , St. Louis, MO, for Respondent.


ROY L. RICHTER, Chief Judge.

Gregory Daly, the Collector of Revenue of the City of St. Louis ("the Collector") and Ed Bushmeyer, the Assessor of the City of St. Louis ("the Assessor"), appeal the trial court's grant of the summary judgment motion filed by S & P Properties, Inc. ("S & P"). We affirm in part and reverse in part.

I. BACKGROUND

In 1993, the Missouri Highway and Transportation Commission ("the Commission") initiated a condemnation...

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