State Ex Rel. Missouri Highway & Transportation Commission v. Anderson

For the reasons here discussed, I respectfully dissent.

In this action for mandamus and prohibition originally brought in the Court of Appeals, Southern District, that Court issued its preliminary rule in prohibition and alternative writ of mandamus and on final determination quashed the writs. We consider the case as an original proceeding.

In the underlying cause the Missouri Highway and Transportation Commission *359seeks to condemn the private lands of two owners for use in a highway project utilizing federal funds. Drawing upon the well reasoned opinion of Titus, P.J., by which the Southern…