In Land Clearance for Redevelopment Authority of St. Louis v. Henderson, 2011 Mo. App. LEXIS 1586, filed November 29, 2011, the Missouri Court of Appeals affirmed a condemnation judgment in the owner’s favor, arising out of the following basic litigational history.
Commissioners’ award – $ 562,500
Condemnor’s trial testimony – $230,600
Owner’s testimony and jury verdict – $1,029,000
Not only that, but we learn from the appellate court’s opinion that at trial, the condemnor tried unsuccessfully to keep from the jury the fact that its earlier testimony was $562,500 which was dropped in trial down to $230,600. The $562,500 was the condemnor’s testimony before the Commissioners. Under Missouri law any reference to the Commissioners’ proceeding may not be presented at the jury trial trial, and it wasn’t here. But, said the court, testimony describing the change in condemnor’s opinion of value, without mention of the Commissioners is admissible at trial as rebuttal.
However sliced, the verdict was $798,400 above the condemnor’s offer, and over four times the condemnor’s evidence.