State ex rel. Missouri Highway & Transportation Commission v. Bush

SMITH, Presiding Judge.

Relator, the Missouri State Highway and Transportation Commission, sought and received our preliminary writ of prohibition precluding the respondent judge from allowing landowners to take depositions of three engineers during the first step of the condemnation process. We now make the writ permanent.

The Commission filed its petition for condemnation of land in the city of St. Louis to construct a road improvement. The petition was in standard form and alleged all of the necessary jurisdictional grounds for condemning the requisite land. Defendant landowners’ answer…