COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. LANTER


364 S.W.2d 652 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Roger F. LANTER et al., Appellees.

Court of Appeals of Kentucky.

February 1, 1963.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Patrick J. Dixon, Dept. of Highways, Frankfort, for appellant.

Ottis Lanter, Williamstown, for appellees.


WADDILL, Commissioner.

The appeal is from a judgment obtained by appellees, the land owners, in this highway condemnation proceeding.

In behalf of the appellant, Commonwealth of Kentucky, it is contended that the trial court erred in rejecting the testimony of the county tax commissioner concerning the assessed valuation of the appellees' property for 1958. Apparently the trial court excluded this testimony because the valuation was determined by the tax commissioner...

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