Tax Increment Financing Commission of Kansas City, Missouri, Appellant, Missouri Highway and Transportation Commission, Amicus Curiae, v. Donald E. DeWitt, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Tax Increment Financing Commission of Kansas City, Missouri, Appellant, Missouri Highway and Transportation Commission, Amicus Curiae, v. Donald E. DeWitt, Respondent. Case Number: 53180 Handdown Date: 10/14/1997 Appeal From: Circuit Court of Jackson County, Hon. Harold L. Lowenstein Counsel for Appellant: Thomas W. Rynard, Thomas J. Daly and Ward K. Brown Counsel for Respondent: James B. Jackson and Joseph R. Borish Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Ulrich, C.J., P.J., Hanna and Smith, JJ., concur. Opinion: ORDER The Tax Increment Financing Commission of Kansas City, Missouri (TIF), appeals the trial court's judgment following a jury trial in favor of Heimann Brothers Services, Inc. (Heimann Brothers) for $325,000 in this condemnation action. TIF claims the trial court committed four errors. The first two alleged errors concern the trial court's prohibiting TIF from discussing condemnation proceedings in voir dire or in opening statement. In its third claim of error TIF asserts that the trial court should have ordered a new trial because defense counsel, as well as Heimann Brothers, intentionally made false statements during trial. Lastly, TIF contends that it was prejudiced by Heimann Brothers's improper testimony on damages and, therefore, should have been allowed to introduce contrary evidence that Heimann Brothers did not incur "loss of use" damages. The judgment of the trial court is affirmed. Rule 84.16(b). Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.