Legal Opinion

City of North Kansas City v. K.C. Beaton Holding Co.

Missouri Court of Appeals

Decided January 14, 2014No. Nos. WD 76068, WD 76110PublishedCited by 4 opinions

1Opinion of the Court

JAMES EDWARD WELSH, Chief Judge.

The City of North Kansas City (the City) seeks to condemn property owned by K.C. Beaton Holding Company, L.L.C., upon which Gilbertson Restaurants, L.L.C., operates a Burger King restaurant.1 The City filed an amended verified petition in condemnation against K.C. Bea-ton, and K.C. Beaton filed a motion to dismiss the petition. The circuit court granted K.C. Beaton’s motion to dismiss finding that the City did not have the authority to condemn the Burger King property under section 88.497, RSMo 2000, for the “public purpose” of eliminating blight. The City…

2Cases cited18 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Page v. HamiltonSupreme Court of Missouri · 1959
  3. Land Clearance for Redevelopment Authority of St. Louis v. City of St. LouisSupreme Court of Missouri · 1954
  4. City of Arnold v. TourkakisSupreme Court of Missouri · 2008
  5. State Ex Rel. Schwab v. RileySupreme Court of Missouri · 1967

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3Cited by4 opinions

  1. Kenny S. Thomas v. Grant Thornton LLPMissouri Court of Appeals · 2015
  2. State of Missouri, ex rel., Sharon Watson, Relator v. The Honorable Thea Sherry, Circuit Judge, 21st CircuitMissouri Court of Appeals · 2014
  3. E.M. By and Through her Mother and Next Friend, Melanee McInnis v. Gateway Region Young Men's Christian Association, St. Louis Public Schools, Michael Holloman, and John Doe and/or Jane Doe, and Tameka Wiggins, Respondent/Cross-Appellant.Missouri Court of Appeals · 2020
  4. Willie Vance v. Don JohnsonMissouri Court of Appeals · 2019

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