St. Louis County v. Berck

KURT S. ODENWALD, Presiding Judge.

Introduction

Richard F. Berck and All American Painting (hereafter collectively referred to as Berck) appeal from the trial court’s Order and Judgment dismissing the condemnation petition filed by St. Louis County (County) for lack of jurisdiction. Berck asserts that County’s motion to dismiss constituted an abandonment of the condemnation action under Section 523.040, RSMo 2000, 1 and that he is entitled to seek certain benefits, including interest, under the condemnation statutes as a consequence of that abandonment. Berck argues that the trial court erred…