E & R Leasing Co. v. City of Cape Girardeau

In a condemnation proceeding brought by the City of Cape Girardeau (City) to condemn a parcel of land,1 defendant E & R Leasing Company (E & R) filed its third amended counterclaim seeking, among other things, to quiet title in land on which E & R alleged City had clouded title.2 The parties, by agreement, proceeded to first litigate the quiet title count of E & R’s counterclaim. A trial was begun; after a day and a half of testimony, the court concluded that it did not have jurisdiction to hear a counterclaim in a condemnation action and, on its own motion, severed the actions pled in Counts…