City of Riverside v. Progressive Investment Club of Kansas City, Inc.

In this condemnation proceeding, Ilios, Inc. appeals the judgment of the trial court denying relocation benefits and apportioning a $185,000 condemnation award between it and Progressive Investment Club of Kansas City, Inc. (Progressive). Ilios, Inc. (Ilios) owned and operated a restaurant in space leased from landlord Progressive. Ilios claims that the trial court erred in (1) refusing to set aside its order denying Ilios relocation benefits and to reopen the case for additional evidence that the property was acquired for a public purpose for which federal funds were available requiring the payment of such relocation benefits, (2) allocating the condemnation award because the court relied on hearsay evidence, and (3) reducing its share of apportionment by two months unpaid rent. The judgment of the trial court is affirmed in part and reversed in part, and the case is remanded with directions.
The City of Riverside filed a petition to condemn property known as Pic Plaza to use as a public park. The property was owned by Progressive, which leased the property to various tenants. Ilios leased part of the property to operate a restaurant. At the time Riverside acquired title to the property, Ilios had four and a half years remaining on its lease with Progressive.

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Click the case caption above for the full text of the Court's opinion.

Affirmed in part, reversed in part, and case remanded.

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