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COMMONWEALTH v. MORRIS

320 S.W.2d 309 (1959)

COMMONWEALTH of Kentucky, Department of Highways, Appellant, v. Proctor MORRIS et al., Appellee.

Court of Appeals of Kentucky.

January 23, 1959.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Astor Hogg, Chief Asst. Atty. Gen., Dept. of Highways, J. Jerald Johnston, Dept. of Highways, Frankfort, for appellant.

Leonard S. Stephens, Whitley City, for appellee.

MOREMEN, Judge.

Appellee, Proctor Morris, owns a tract of land in Whitley City. Appellee's new home stands on a portion of the property and faces Williamsburg Street.

Appellant, Department of Highways of the Commonwealth of Kentucky, has planned a highway over a portion of the property. Condemnation proceedings were instituted in the McCreary Circuit Court and resulted in an award of $8,500 for the property proposed to be taken. Appellant was not satisfied...

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