COMMONWEALTH v. BLACKBURN


364 S.W.2d 332 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William BLACKBURN et al., Appellees.

Court of Appeals of Kentucky.

January 25, 1963.


Attorney(s) appearing for the Case

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

Ottis Lanter, Williamstown, Denney & Landrum, Lexington, for appellees.


PALMORE, Judge.

Appealing from a judgment it regards as excessive in this condemnation case, the Commonwealth asks that it be granted a new trial "with the specific direction that the taxpayers should not be liable for increments of land value created by the public improvement itself." However, not a single error of any kind on the part of the trial court is cited to authorize or justify a reversal.

Shortly after the location of the improvement project had...

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