State ex rel. State Highway Commission v. Cool's Tall Tower, Restaurant & Marina

FLANIGAN, Judge.

Does the State Highway Commission, after filing exceptions to the award of commissioners in a highway condemnation case, have the right to trial by jury over the objection of the landowner? The trial court answered the question in the negative. This court agrees with the commission that the trial court erred in so ruling.

This is a condemnation action brought by the State Highway Commission of Missouri, now the Missouri Highway and Transportation Commission, plaintiff-appellant, to acquire, for highway purposes, land owned by defendants-respondents Osage Outdoor Advertising,…