CITY OF DANVILLE v. SMALLWOOD


347 S.W.2d 516 (1961)

CITY OF DANVILLE, Kentucky, a Municipal Corporation of the Third Class, Appellant, v. Bennie SMALLWOOD et al., Appellees.

Court of Appeals of Kentucky.

June 9, 1961.


Attorney(s) appearing for the Case

James G. Sheehan, Jr., Wesley Gilmer Jr., Danville, for appellant.

James F. Clay, Danville, for appellees.


MOREMEN, Judge.

The question on this appeal is whether appellant, City of Danville, by improperly constructing a storm sewer, took private property belonging to appellees Smallwood for a public purpose for which compensation must be paid under Section 242 of the Kentucky Constitution. After trial the court entered judgment awarding damages for the taking — hence this appeal.

The Smallwoods purchased the house and lot here involved in 1956. The lot is...

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