City of Kansas City v. Kindle

HOUSER, Commissioner.

This is the second appeal in a condemnation proceeding. On the first appeal, In re Coleman Highlands, Mo.Sup., 401 S.W.2d 385, a judgment dismissing the proceedings in the pleading stage, on motion of certain property owners, was reversed and the cause was remanded to afford the parties an opportunity to present evidence on the question whether the taking was for a public or a private use or purpose. Reference is made to the previous opinion for background information, a resume of the ordinance in question and a statement of the nature of the issue then and now before the…