545 S.W.2d 422 (Mo.App. 1976), KCD 28373, Cole County v. Board of Trustees of Jefferson City Free Library Dist.

Docket NºKCD 28373.
Citation545 S.W.2d 422
Party NameCOLE COUNTY, Missouri and the County Court of Cole County, Missouri, Appellants, v. BOARD OF TRUSTEES OF the JEFFERSON CITY FREE LIBRARY DISTRICT and Roy A. Scheperle Construction Company, Respondents.
Case DateDecember 27, 1976
CourtCourt of Appeals of Missouri

Page 422

545 S.W.2d 422 (Mo.App. 1976)

COLE COUNTY, Missouri and the County Court of Cole County,

Missouri, Appellants,

v.

BOARD OF TRUSTEES OF the JEFFERSON CITY FREE LIBRARY

DISTRICT and Roy A. Scheperle Construction

Company, Respondents.

No. KCD 28373.

Court of Appeals of Missouri, Kansas City District.

December 27, 1976

Page 423

James F. McHenry, Ronald J. Prenger, Jefferson City, for appellants.

Thomas d. Graham, T. Christopher Graham, Jefferson City, for respondents.

Before DIXON, P.J., PRITCHARD, C.J., and WASSERSTROM, J.

WASSERSTROM, Judge.

Plaintiff Cole County filed this condemnation suit to acquire property in Jefferson City, Missouri, owned by defendant Board of Trustees of the Jefferson City Free Library

Page 424

District. As part of its petition, the County sought a temporary restraining order to enjoin the defendant Board and its contractor Roy A. Scheperle Construction Company from proceeding with a proposed demolition of building improvements located on the tract, and a restraining order was issued by the trial court. The defendant Board filed a motion to dismiss on the ground that the County had no right to condemn property already being used for a public purpose. After a bench trial, the trial court sustained the motion and ordered the petition dismissed; however, the restraining order was continued in effect pending appeal. The County pursues this appeal from the order dismissing its petition. We affirm.

The property in question is the site of a library building which had been occupied by the Board and used as a free public library for more than 70 years. In 1966 the Thomas Jefferson Regional Library District was formed, composed of the library districts of Jefferson City and the Counties of Cole, Miller, Maries and Osage. See § 70.210(2). (All statutory references are to RSMo 1969.) In the same year, a consulting firm was hired to make a study to determine future needs for library services in Jefferson City and surrounding areas. The consulting firm recommended a new and larger library building and that it be accompanied with parking facilities.

Pursuant to the recommendation, the Board did construct a new library building just to the south across a narrow street (also sometimes known as Hog Alley) from the old library building. The Board took occupancy of the new building in 1974. The offices of the Regional Library are located in this new Jefferson City library are located and all employees in the Jefferson City library are paid from district funds.

Early in 1975, the Board took up the question of what to do with the old building and moved to demolish that building for the purpose of creating a parking lot to serve the new building. To this end, the Board advertised for bids on the demolition of the old building and creation of a parking lot, the bids to be opened February 28, 1975.

At about this time, some public concern began to be voiced in favor of saving the old building. The City Council of Jefferson City held a meeting to which representatives of the Board were invited to explore the subject. At this meeting, the City Council asked the Board to determine the value of the old building by calling for purchase bids on it. In response to that request, the Board did advertise publicly for such bids and set the date for opening of these bids on February 28, 1975, the same date that the construction bids were to be opened.

The County...

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7 practice notes
  • 718 S.W.2d 553 (Mo.App. S.D. 1986), 14382, City of Gainesville v. Gilliland
    • United States
    • Missouri Court of Appeals of Missouri
    • August 21, 1986
    ...and abandonment will not be presumed under the law." Cole County v. Board of Trustees of Jefferson City Free Library District, 545 S.W.2d 422 (Mo.App.1976), addressed the issue whether property owned by a governmental subdivision (a library district) had been abandoned. In holding it h......
  • 647 S.W.2d 811 (Mo.App. W.D. 1982), WD32960, Knight v. M.H. Siegfried Real Estate, Inc.
    • United States
    • Missouri Court of Appeals of Missouri
    • December 28, 1982
    ...and where the intent to abandon can be inferred only from strong and convincing evidence. Cole County v. Board of Trustees, 545 S.W.2d 422 (Mo.App.1976). The evidence of malice, arising from the same evidence recited above with respect to the maturity of the counterclaim, was sufficient to ......
  • 591 S.W.2d 287 (Mo.App. S.D. 1979), 11032, Wilson v. Wheeler Farms, Inc.
    • United States
    • Missouri Court of Appeals of Missouri
    • December 4, 1979
    ...there can be no abandonment without the intention to abandon. Cole County v. Board of Trustees of Jefferson City Free Library District, 545 S.W.2d 422, 425 (Mo.App.1976). Such an intention may be inferred only from strong and convincing evidence. Id. 545 S.W.2d at 425. The only evidence of ......
  • 10 F.3d 1340 (8th Cir. 1993), 93-1505, Gentry v. City of Lee's Summit, Mo.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • December 3, 1993
    ...be no abandonment without the intention to abandon." Cole County v. Board of Trustees of the Jefferson City Free Library District, 545 S.W.2d 422, 425 (Mo.App.1976). "Such an intention may be inferred only from strong and convincing evidence." Id. Similarly, Missouri courts h......
  • Request a trial to view additional results
7 cases
  • 718 S.W.2d 553 (Mo.App. S.D. 1986), 14382, City of Gainesville v. Gilliland
    • United States
    • Missouri Court of Appeals of Missouri
    • August 21, 1986
    ...and abandonment will not be presumed under the law." Cole County v. Board of Trustees of Jefferson City Free Library District, 545 S.W.2d 422 (Mo.App.1976), addressed the issue whether property owned by a governmental subdivision (a library district) had been abandoned. In holding it h......
  • 647 S.W.2d 811 (Mo.App. W.D. 1982), WD32960, Knight v. M.H. Siegfried Real Estate, Inc.
    • United States
    • Missouri Court of Appeals of Missouri
    • December 28, 1982
    ...and where the intent to abandon can be inferred only from strong and convincing evidence. Cole County v. Board of Trustees, 545 S.W.2d 422 (Mo.App.1976). The evidence of malice, arising from the same evidence recited above with respect to the maturity of the counterclaim, was sufficient to ......
  • 591 S.W.2d 287 (Mo.App. S.D. 1979), 11032, Wilson v. Wheeler Farms, Inc.
    • United States
    • Missouri Court of Appeals of Missouri
    • December 4, 1979
    ...there can be no abandonment without the intention to abandon. Cole County v. Board of Trustees of Jefferson City Free Library District, 545 S.W.2d 422, 425 (Mo.App.1976). Such an intention may be inferred only from strong and convincing evidence. Id. 545 S.W.2d at 425. The only evidence of ......
  • 10 F.3d 1340 (8th Cir. 1993), 93-1505, Gentry v. City of Lee's Summit, Mo.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • December 3, 1993
    ...be no abandonment without the intention to abandon." Cole County v. Board of Trustees of the Jefferson City Free Library District, 545 S.W.2d 422, 425 (Mo.App.1976). "Such an intention may be inferred only from strong and convincing evidence." Id. Similarly, Missouri courts h......
  • Request a trial to view additional results