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CITY v. K.C. BEATON HOLDING CO.

Nos. WD 76068 WD 76110.

417 S.W.3d 825 (2014)

CITY OF NORTH KANSAS CITY, Missouri, Appellant-Respondent, v. K.C. BEATON HOLDING COMPANY, LLC, et al., Respondents-Appellants, and Platte Valley Bank of Missouri and Keith Hicklin, Respondents.

Missouri Court of Appeals, Western District.

January 14, 2014.

Attorney(s) appearing for the Case

Keith Hicklin, Platte City, MO, for Respondent Acting Pro Se.

Keith Hicklin, Platte City, MO, for Respondent, Platte Valley.

Paul Henry , Clayton, MO, for Respondent-Appellant City of North K.C.

Robert Denlow , St. Louis, MO, for Respondent-Appellant City of North K.C.

Before Division Four: JAMES EDWARD WELSH, C.J., CYNTHIA L. MARTIN, J., and PATRICK ROBB, Sp. J.

JAMES EDWARD WELSH, Chief Judge.

The City of North Kansas City (the City) seeks to condemn property owned by K.C. Beaton Holding Company, L.L.C., upon which Gilbertson Restaurants, L.L.C., operates a Burger King restaurant.1 The City filed an amended verified petition in condemnation against K.C. Beaton, and K.C. Beaton filed a motion to dismiss the petition. The circuit court granted K.C. Beaton's motion to dismiss finding that the City...

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