Santa Fe Trail Neighborhood Redevelopment Corp. v. W. F. Coen & Co.

154 S.W.3d 432 (2005)

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Santa Fe Trail Neighborhood Redevelopment Corp. v. W. F. Coen & Co.

Missouri Court of Appeals
154 S.W.3d 432 (2005)

Facts

Dr. Henrik Knudsen and his wife, Rogene Knudsen (plaintiffs), owned property that was used as a dental office. In November 1996, the Knudsens rented space to Dr. Joan Walker (defendant). The written agreement stated that a landlord-tenant relationship had been created between the parties and that the tenant received exclusive control over the leased space. The agreement also specified a lease term of five years with a monthly rent of $775. Walker had the option to renew the agreement for an additional five-year term if she provided timely notice to the Knudsens of her intent to do so. In December 2000, Walker gave timely notice of her intent to renew the agreement. In August 2001, Santa Fe Trail Neighborhood Redevelopment Corporation (Santa Fe) filed a petition for condemnation, requesting that the property owned by the Knudsens be condemned as blighted. The trial court entered an order for condemnation and instructed Santa Fe to pay $275,000 as damages for the taking. The trial court awarded Walker $47,000 for the taking of her leasehold. The Knudsens appealed, claiming that Walker had only a license revocable at will and that she was thus not entitled to any damages.

Rule of Law

Issue

Holding and Reasoning (Ellis, J.)

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