State Ex Rel. Missouri Highway & Transportation Commission v. Delmar Gardens of Chesterfield, Inc.

KAROHL, Judge.

The Missouri Highway and Transportation Commission (Commission) appeals an award of $413,852 in damages to landowners in a partial taking condemnation case. The Commission argues the trial court erred in ruling, as a matter of law, that special benefits could not accrue to the property; in excluding portions of the Commission’s expert’s testimony because his opinion was based on hearsay; in sustaining landowner’s motion in li-mine and objection to the Commission’s offer of proof concerning the zoning history of the property; and in sustaining landowner’s motion in limine and…