State ex rel. State Highway Commission v. Willis

DOERNER, Commissioner.

The primary issue presented in this appeal is whether, in this condemnation case, the trial court erred in granting a separate trial to the owner of a tract of ground and to a lessee, one of two or more lessees, to whom the owner had leased distinct portions of the tract.

The Highway Commission instituted this action on July 7, 1967, by the filing of its petition in which it sought to acquire property for the purpose of widening State Highway 140 in St. Louis County. The tract here involved was described and designated in paragraph 33 of the plaintiff’s petition as Parcel…