State Ex Rel. State Highway Commission v. City of St. Louis

I respectfully dissent from that part of the majority opinion affirming the judg*729ment of the trial court entered upon a jury verdict in favor of the City on its counterclaim for damages under the theory of duress. I concur with the majority opinion insofar as it reverses and remands Count IV of the Commission’s petition and the City’s ultra vires defense. In my view the disposi-tive question is whether the Commission had the authority to adopt a policy requiring cities having a population in excess of five thousand persons to pay a portion of the cost of right-of-way acquisition. If the…