State ex rel. Missouri Pacific Railroad v. Moss

I must respectfully dissent. I believe that our preliminary writ of prohibition should be made absolute.

Relator seeks to prohibit the respondent from further enforcement of a part of a judgment of the trial court rendered on March 27, 1972, awarding prejudgment interest in an inverse condemnation case from the date of “taking,” December 1, 1966.1

*87For a clear picture of my reasons, I reiterate some of the essential facts. In April, 1968, plaintiff, Reorganized School District No. 2, filed an inverse condemnation action against relator-defendant, Missouri Pacific Railroad, for the taking of a…