Brunn v. Kansas City
Supreme Court of Missouri
Appeal from Cass Circuit Court.— Hon. N. M. Bradley, Judge. The allowance of interest on the award, from its date, was necessary to complete plaintiffs’ just compensation for the property taken. The jury found that they were entitled to that amount on that date; when the compensation was withheld for four years, there should have heen added additional compensation, which is ascertained by calculating interest on the award from its date.
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Appeal from Cass Circuit Court.— Hon. N. M. Bradley, Judge. The allowance of interest on the award, from its date, was necessary to complete plaintiffs’ just compensation for the property taken. The jury found that they were entitled to that amount on that date; when the compensation was withheld for four years, there should have heen added additional compensation, which is ascertained by calculating interest on the award from its date. Otherwise, the property-owner does not receive the just compensation for the property taken as provided by the organie law of the land. Any charter provision…
1Opinion of the CourtLamm, P. J.
This is a snit to recover interest on an award (or judgment) in a condemnation suit. Attending to the latter: In establishing its Penn Valley Park, Kansas City commenced an omnibus suit under article 10 of its charter, regulating its exercise of the right of eminent domain, in the circuit court of Jackson county, to take the real property of divers owners and to assess against that of others benefits to pay the damages for land taken. M. S. C. Donnell with many others owned tracts within the proposed park limits, and was made a party defendant. His parcels of land were covered by conveyances…
2Cases cited10 opinions
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Kansas City v. BaconSupreme Court of Missouri · 1898
- Kansas City v. WardSupreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lackey v. State Ex Rel. GrantSupreme Court of Oklahoma · 1911
- State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
- Ex Parte Siemens v. ShreeveSupreme Court of Missouri · 1927
- State Ex Rel. City of St. Louis v. BeckSupreme Court of Missouri · 1933
- Kansas City v. WoerishoefferSupreme Court of Missouri · 1913
19 more not listed; retrieve them via the Exa API.