Forty Mill Realty Venture v. State ex rel. Missouri Highway & Transportation Department

PUDLOWSKI, Judge.

This case involves appellants’ action for inverse condemnation. The trial court sustained respondent’s motion to dismiss for failure to state a cause of action. On appeal, appellants argue: 1) although no property was taken, respondent’s reorganization of certain highways damaged appellants’ property and this violates Article 1, § 26 of the Missouri Constitution; and 2) their equal protection rights have been violated.

Appellants’ petition contains the following allegations. Appellants are the fee simple owners of a tract of land upon which a leased shopping center is located.…