CITY OF EXCELSIOR SPRINGS v. ELMS REDEV. CORP.

No. WD 54862.

984 S.W.2d 887 (1999)

CITY OF EXCELSIOR SPRINGS and Land Clearance For Redevelopment Authority Of Excelsior Springs, Respondents, v. ELMS REDEVELOPMENT CORPORATION, Elms Inn Partners, Elms Hotel Associates Limited Partnership, the Elms of Excelsior Springs, Inc., Robert L. and Carol S. Bisbee, Elms Timesharing Intervals, Inc., Elms Hotel Operating Company, James A. Ash, Laramie Insurance Company, the Industrial Development Authority of the City of Excelsior Springs, Boatmen's First National Bank of Kansas City, Anthony G. Sommers, City of Excelsior Springs, John W. McClelland, Richard E. Morrison, CCDC Financial Corporation, Historic Kansas City Foundation, Pat Vagino, Jessica Vagino, Wendall Swenson, Alice Swenson, Paul E. Bell, Richard Buchli, Robert Burns, Roger A. Fisher, Richard Hernandez, D. Bradford Johnson, Billy Joe Kitterman, Kris W. Leiby, M. Chris Scholdberg, the Department of Revenue of the State of Missouri, Collector for the City of Excelsior Springs, and Collector for Clay County, Defendants, and Linda Snider, Albert Teepen, Barbara Teepen, Dennis Murphy, Lea Murphy, Robert Carver, Donna Carver, Fred Thorp, and Ruth Thorp, Appellants.

Missouri Court of Appeals, Western District.

February 2, 1999.


Attorney(s) appearing for the Case

Angela Green, Kansas City, for Appellants.

Douglas Richmond, John McClelland, Kansas City, for Respondent.


SPINDEN, Judge.

Nine members of a class of more than 850 persons who bought a right to stay at the Elms Hotel in Excelsior Springs for one to two weeks a year appeal the circuit court's decision to deny their motion to set aside its judgment in a condemnation action. The appellants contend that the judgment was void because only nine members of their class received individual notice of the proceedings and because those individuals did not represent adequately their...

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