Jackson County v. Hesterberg

In this condemnation proceeding, the defendant, Carl T. Moore, appeals from judgment entered on a jury verdict awarding $51,000 damages for his property taken by Jackson County, Missouri, under eminent domain for use as a park. The plaintiff county has not appealed. Defendant asserts that he was denied due process of law when the trial court did not allow defendant to discover or introduce evidence challenging plaintiff’s right to condemn at the initial hearing on the plaintiff’s petition. Defendant also asserts error in the denial of defendant’s motion for new trial because the $51,000 jury…