State ex rel. Missouri Highway & Transportation Commission v. McDonald's Corp.

CRANDALL, Judge.

Plaintiff, Missouri Highway and Transportation Commission (Commission), appeals from the judgment of the trial court, after a jury verdict, awarding defendant landowners (landowners), Clarkson Clayton Center Associates, a total of $368,000 in condemnation damages, later reduced to $363,852 on remit-titur. This is the second appeal. See State ex. rel. Missouri Hwy. & Tr. Comm’n v. McDonald’s, 872 S.W.2d 108 (Mo.App. E.D. 1994) (hereinafter referred to as “McDonald’s I”). We reverse and remand.

This condemnation action resulted from the taking of part of two parcels of a shopping…