Gardner v. City of Cape Girardeau

KAROHL, Judge.

Robert and Bernadette Gardner (“landowners”) filed suit for “common law damage/inverse condemnation” against the City of Cape Girardeau (“City”) for wrongful appropriation of their property because the City conducted a pre-condemnation survey. The trial court dismissed the petition with prejudice. However, it considered matters outside the pleadings. Landowners argue on appeal the trial court erred with respect to two points: 1) granting the City’s motion to dismiss since the trial court treated the motion as a summary judgment and summary judgment was not authorized; and 2)…