State Ex Rel. State Highway Commission of Missouri v. Morganstein

TURNAGE, Judge.

This case arose out of the State Highway Commission’s attempt to recover part of a condemnation award which was made to Ardeis and Flora Myers. The trial court ruled that the estate of Mrs. Myers was obligated to repay $119,500. Both parties have appealed this result, the Highway Commission contending that Mrs. Myers’ estate should be held liable for the full overpayment of $237,000, and Mrs. Myers’ executors contending that she should be liable for either $2,000 or for nothing. Reversed and remanded.

This case began in July of 1970, when the State Highway Commission petitioned…