The City of Kahoka, Missouri, Plaintiff/Appellant, v. Brett Bertelli, Rex E. Goldsberry and Nancy L. Goldsberry, Defendants/Respondents.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: The City of Kahoka, Missouri, Plaintiff/Appellant, v. Brett Bertelli, Rex E. Goldsberry and Nancy L. Goldsberry, Defendants/Respondents. Case Number: 72087 Handdown Date: 11/11/1997 Appeal From: Circuit Court of Clark County, Hon. Gary Dial Counsel for Appellant: J. Patrick Wheeler Counsel for Respondent: H. Scott Summers and Rickey R. Roberts Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Dowd, Jr., P.J., Simon and Hoff, JJ., concur. Opinion: ORDER The City of Kahoka (city) appeals a judgment of the Circuit Court of Clark County denying condemnation of properties in the city owned by respondents, Brett Bertelli, Rex E. Goldsberry and Nancy L. Goldsberry. Substantial evidence supports the trial court's findings that the city intended to acquire respondents' properties not for a public use but in order to exchange these properties for other property which will be put to a public use, therefore, the condemnation was not in compliance with Article 1, Section 28 of the Missouri Constitution and Section 88.667 RSMo

1. No error of law appears. We affirm the judgment pursuant to Rule 84.16 (b). An opinion reciting the detailed facts

and restating the principles of law would have no precedential value. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.