405 S.W.3d 539
Mo. Ct. App.2013Background
- 1811 North Broadway, LLC challenges the condemnation of half an acre of the rectangular parcel for a bridge project, while the triangular portion remains.
- The Archview Property adjacent to the 1811 Property was also condemned in a separate action, affecting related development plans.
- 1811 LLC planned a 400-unit self-storage facility across Archview and the 1811 Property, with phases including expansion into the triangular parcel.
- Trial evidence included owner estimates ($22/sq ft) and expert opinions (North and Johnson) supporting self-storage as the highest and best use (HBU) before taking.
- Commission witnesses (Ingersoll, Shepard, Metcalf) favored industrial use, with Metcalf valuing the property before and after the taking at $4 per square foot, including a calculated damages figure of $139,000.
- The court held Metcalf’s testimony inadmissible under the project influence doctrine, reversed the verdict, and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Metcalf’s opinion was admissible under the project influence doctrine | Metcalf relied on project-influenced sales to value the HBU and thus tainted the pre-taking value | Sales may be admitted with proper weighting and instruction if not clearly project-influenced | Admissibility was improper; opinion excluded; remand for new trial. |
Key Cases Cited
- Wertz v. State Highway Commission, 478 S.W.2d 670 (Mo.1972) (trial court may admit project-influenced sales with caution; must exclude clearly tainted evidence on value)
- Jenkins v. Kansas City Power & Light Co., 648 S.W.2d 555 (Mo.App. W.D.1983) (comparable sales used with proper weight; evaluate project influence)
- Heitz v. City of Maryland Heights, 358 S.W.3d 98 (Mo.App. E.D.2011) (damages calculation for partial takings; value before taking; harm to remainder)
- Quality Heights Redev. Corp. v. Urban Pioneers, 799 S.W.2d 867 (Mo.App. W.D.1990) (trial court abused discretion by failing to strike project-influenced sales)
- Reynolds v. United States, 397 U.S. 14 (1969) (landowner entitled to just compensation independent of project influence)