State ex rel. Missouri Highway & Transportation Commission v. Perigo

PROCEEDING IN MANDAMUS

SHRUM, Chief Judge.

In this mandamus proceeding, the Missouri Highway and Transportation Commission (Relator) asks that we order Circuit Judge Timothy W. Perigo (Respondent) to set aside his order dismissing Mikel R. Cope and Ann T. Cope (the Copes) and Stanley Jon Janss and Wilma Jean Janss (the Janss-es) from an underlying condemnation suit.

In ordering dismissal, Respondent found that the taking of the Copes’ and the Janss-es’ property served no public purpose, and consequently, the trial court lacked jurisdiction. No appeal was taken by Relator; instead, it filed a…