One Thousand Bates Redevelopment Corp. v. Guelker

883 S.W.2d 103, 1994 Mo. App. LEXIS 1507, 1994 WL 450015
CourtMissouri Court of Appeals
DecidedSeptember 13, 1994
DocketNo. 64529
StatusPublished
Cited by4 cases

This text of 883 S.W.2d 103 (One Thousand Bates Redevelopment Corp. v. Guelker) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
One Thousand Bates Redevelopment Corp. v. Guelker, 883 S.W.2d 103, 1994 Mo. App. LEXIS 1507, 1994 WL 450015 (Mo. Ct. App. 1994).

Opinion

GRIMM, Presiding Judge.

In this jury-tried1 case, Landowner appeals from a judgment awarding him less damages for the condemnation of his property than he sought. We affirm.

Landowner raises four points. He alleges the trial court erred in: (1) excluding his loan application from evidence, (2) denying his motion to exclude three witnesses from testifying, (3) entering an untimely judgment, and (4) awarding prejudgment interest to Con-demnor instead of to Landowner.

I. Background

About 1980, Landowner purchased certain real property located at the corner of Bates Street and Louisiana Avenue in St. Louis City. At that time, a budding was on the property. The ground floor was rented to various small businesses; the upstairs contained apartments which were rented to individuals.

In 1984, a fire occurred on the premises. After the fire, the building remained unoccupied and uninhabitable.

In 1990, Condemnor filed its petition. The trial court entered an order of condemnation and appointed commissioners. On February 1, 1991, they assessed $81,227 damages. Landowner filed exceptions to this award.

On May 29, 1991, Condemnor deposited the amount of the Commissioners’ award with the court. On June 3, Landowner requested and received payment of the award. Two years later, on June 30, 1993, the jury assessed damages of $60,000.

II. Exclusion of Exhibit

In his first point, Landowner alleges the “trial court abused its discretion in excluding [105]*105ExMbit B, [his] loan application, because it was admissible to corroborate his testimony, show that he had taken concrete steps to enhance the value of his property, and rebut an issue injected by [Condemnor].”

In this type of case, the only issue is that of just compensation, frequently referred to as damages. State ex rel. State Hwy. Comm’n v. Thurman, 552 S.W.2d 42, 44 (Mo.App.E.D.1977). Generally, just compensation “is the ‘fair market value’ of the property at the time of the taking.” City of St. Louis v. Union Quarry & Constr. Co., 394 S.W.2d 300, 305 (Mo.Div. 1 1965).

We recognize that the admission or exclusion of evidence “is within the discretion of the trial court and errors in such determination will not ordinarily result in reversal unless there is substantial or glaring injustice.” State ex rel. Mo. Hwy. & Transp. Comm’n v. Kuhlmann, 830 S.W.2d 569, 571 (Mo.App.E.D.1992).

At trial, Landowner offered the loan application as an exhibit; Condemnor’s objection was sustained. Landowner’s attorney then stated, “[I]t’s not being offered to show that the loan application was rejected. I want to show the efforts [Landowner] took relative to that property and what he wanted to do with it.”

In response, the trial court noted that the only issue was damages. Further, it observed that the exhibit was speculative and that Landowner’s intentions were of no value in aiding the jury in assessing just compensation for the property.

The loan application was completed in January, 1988, more than two years before the condemnation petition was filed. As the trial court noted, its existence would not aid the jury in determining just compensation.

Further, even if the trial court erred, Landowner was not prejudiced by the exclusion of the exhibit. Landowner presented other evidence that he intended to rehabilitate the property. This evidence included the securing of architectural plans, costs of construction, letters of recommendation, and the fact that the project was refused due to lack of funds. “Any error in the exclusion of any evidence is ... harmless if the same facts are shown by other evidence and exhibits.” Around The World Importing, Inc. v. Mercantile Trust Co., 795 S.W.2d 85, 89 (Mo.App.E.D.1990). Point denied.

III. Motion to Exclude Witnesses

In his second point, Landowner alleges the “trial court abused its discretion by denying [his] motion to exclude [three witnesses], because they were disclosed in violation of [Condemnor’s] duty to update its answers to interrogatories, subjecting [him] to surprise and prejudice.” He contends that Condem-nor “offered no excuse for failing to disclose them until the day before trial, which was not seasonable.” Further, he argues that their “testimony tended to devalue [his] property, and he was denied a fair opportunity to confront them by taking their depositions .... ”

A trial court has broad discretion to choose a course of action when evidence is challenged on the ground that it has not been timely disclosed in answers to interrogatories. State ex rel. Hwy. & Transp. Comm’n v. Dooley, 738 S.W.2d 457, 462 (Mo.App.E.D.1987). Here, three days before trial, Con-demnor hand-delivered to Landowner a supplemental answer to an interrogatory. The answer listed three witnesses Condemnor intended to call relative to the value or condition of the condemned property.

On the second day of trial, Landowner asked that “these three witnesses be stricken by the court and not be permitted to testify.” Landowner’s counsel acknowledged that he had talked with one of the witnesses and examined her file.

The trial court denied the motion to strike. However, it indicated to Landowner’s counsel that it would give him an opportunity to interview the witnesses if he wanted that opportunity. Landowner’s counsel replied that he did not.

The trial court did not abuse its broad discretion in permitting these additional witnesses to testify. In Gassen v. Woy, 785 S.W.2d 601 (Mo.App.W.D.1990), a similar problem arose. There, as here, the trial court indicated a willingness to permit coun[106]*106sel to interview a witness before the witness testified. There, as here, counsel declined to do so. In rejecting appellant’s claim, the Gassen court stated that counsel should have availed herself of this opportunity and, if the result was not satisfactory, seek additional relief. Id. at 604. Upon her refusal to do so, relief was denied.

We agree with this reasoning and conclude that the remedy offered by the trial court here was reasonable under the facts before us. See also Crompton v. Curtis-Toledo, Inc., 661 S.W.2d 646, 661 (Mo.App.E.D.1983) (suggesting that an opportunity to interview is an appropriate remedy). Further, this remedy was particularly appropriate here, where Landowner did not object at the first opportunity to do so. Instead, he waited until the second day of trial.

The trial court did not abuse its discretion. Point denied.

IV. Entry of Judgment

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Bluebook (online)
883 S.W.2d 103, 1994 Mo. App. LEXIS 1507, 1994 WL 450015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-thousand-bates-redevelopment-corp-v-guelker-moctapp-1994.