ELR Citation: ELR 20404
No(s). s. 55,230 & 55,432 (Mo. Jun 14, 1971)

Kansas City Charter provision affording corporate landowners right to common-law jury trial by 12 in condemnation proceeding but restricting private individuals to trial by six freeholders chosen by the city violates equal protection clause of Fourteenth Amendment to U.S. Constitution and corresponding section of Missouri Constitution. Discrimination is arbitrary and unconstitutional if classification rests upon a ground wholly irrelevant to the achievement of the state's objective. Here, no valid grounds for distinction between corporate and private litigants exist in eminent domain situation.

Counsel for Kansas City, Mo.:
Aaron A. Wilson City Counsellor
Ned B. Bar Associate City Counsellor
414 E. 12th
Kansas City, MO
(816) 274-1416

Counsel for Condemnees:
William K. Poindexter
801 Broadway
Kansas City, MO
(816) 842-0480

Jack C. Terry
554 S. Ash
Independence, MO
(816) 254-6070

Welborn, C., Concurs.

Higgins, C., Concurs.

Per curiam: The foregoing opinion by Houser, C., is adopted as the opinion of the court.

All of the judges concur.