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LEVY v. CURLIN

241 S.W.2d 997 (1951)

LEVY et al. v. CURLIN et al.

Court of Appeals of Kentucky.

August 30, 1951.

Attorney(s) appearing for the Case

S. L. Greenebaum & Brown and Greenebaum & Eldred, Louisville, for appellants.

A. E. Funk, Atty. Gen., Jo M. Ferguson, Asst. Atty. Gen., Frankfort, Gilbert Burnett, City Atty., William Berry, Asst. City Atty., Robert T. Burke, Jr., and James W. Stites, Louisville, for appellees.

CLAY, Commissioner.

This is a declaratory judgment proceeding brought by appellant property owners and lessees to determine: (1) the right of the City of Louisville and the State Department of Highways to widen the carriageway of Second and Third Streets in the City of Louisville, and (2) whether or not appellants must bear the expense of altering their premises so as to furnish adequate lateral and subjacent support. The Chancellor determined these questions adversely...

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