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COMMONWEALTH v. MAYER

357 S.W.2d 879 (1962)

COMMONWEALTH of Kentucky ex rel. DEPARTMENT OF FISH AND WILDLIFE RESOURCES et al., Appellants, v. J. E. MAYER et al., Appellees.

Court of Appeals of Kentucky.

June 1, 1962.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., John B. Browning, Asst. Atty. Gen., for Com. ex rel. Dept. of Fish & Wildlife Resources.

Walter B. Smith, Louisville, for appellant Elmer Merchant.

Kinsolving & Kinsolving, H. B. Kinsolving, III, Shelbyville, for appellees.

WILLIAMS, Judge.

Title to 325 acres of land in Shelby County was conveyed to the Commonwealth of Kentucky, Department of Fish and Wildlife Resources, through the efforts of the Shelby County Industrial and Development Foundation, Inc. The Department constructed a dam which formed a lake covering the 325 acres at permanent pool level. The Department owns and exercises control over the lake, plus a 50-foot "public access strip" surrounding the lake, but the Foundation...

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