Ann Nelson v. State Missouri Book Reviews

Ann Nelson v. State Missouri by Eastern District, Division Four Court of Appeals of Missouri Book Summary

GARY M. GAERTNER, Presiding Judge This is an appeal from a jury verdict in favor of Ann Nelson, respondent, which awarded her $30,000.00 in an action for inverse condemnation. Appellant, the Missouri HIghway Commission (MHC), raises three issues on appeal. First, it contends that respondent failed to make a submissible case; next, it argues that the trial court erred in regard to the damage instruction; and finally, it alleges prejudicial error in the trial court's failure to admit certain evidence. We affirm. The facts of this case are briefly recounted as follows. Respondent purchased a house in St. Charles County in 1981. Sandfort Creek abuts the property and the house sits on a bank 21 feet above the creek bed. In 1979, appellant made highway improvements by adding third lanes and median to I-70 between the Zumbehl and Cave Springs Interchanges in St. Charles County, which created 2.66 acres of impervious area within the watershed and drainage area of respondent's home. Between July, 1981 and August, 1982, MHC removed about 57,000 cubic yards of dirt from a hill-shaped area (""borrow area"") located within the watershed area in order to construct the interchange at Zumbehl Road. No water retention basin was provided at that time.

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