[Download] "Robert Gardner and Bernadette A. Gardner" by Eastern District, Division Four Court of Appeals of Missouri # eBook PDF Kindle ePub Free

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eBook details

• Title: Robert Gardner and Bernadette A. Gardner
• Author : Eastern District, Division Four Court of Appeals of Missouri
• Release Date : January 09, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Robert and Bernadette Gardner (""landowners"") filed suit for ""common law damage/inverse condemnation"" against the City of Cape Girardeau (""City"") for wrongful appropriation of their property because the City conducted a pre-condemnation survey. The trial court dismissed the petition with prejudice. However, it considered matters outside the pleadings. Landowners argue on appeal the trial court erred with respect to two points: 1) granting the City's motion to dismiss since the trial court treated the motion as a summary judgment and summary judgment was not authorized; and 2) denying landowners' request for leave to amend their petition filed after the dismissal. We affirm. Landowners formerly owned a tract of land located immediately northwest of the intersection of Christine Street and Bloomfield Road on the east side of the Cape LaCroix Creek in Cape Girardeau, Missouri. A fully occupied office building owned by landowners was situated on the property.

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