Marvin E. Nieberg Real Estate Co. v. St. Louis County

HOUSER, Commissioner.

Marvin E. Nieberg Real Estate Company, a corporation, brought this action in inverse condemnation against St. Louis County and Missouri State Highway Commission, charging in Count I a damaging and in Count II the taking of 3.253 acres for public use without compensation and praying for the appointment of commissioners to assess damages. By stipulation the parties first tried to the court the question whether there was a taking or damaging, agreeing that if plaintiff prevailed on that issue a jury would later hear evidence as to damages. The court ruled against the realty…