COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. CURTIS


385 S.W.2d 48 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mitchell CURTIS et al., Appellees.

Court of Appeals of Kentucky.

December 11, 1964.


Attorney(s) appearing for the Case

John J. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, L. A. Faurest, Faurest & Collier, Elizabethtown, Dandridge F. Walton, Madisonville, for appellant.

Clarence Bartlett, Sandidge, Holbrook, Craig & Hager, Owensboro, for appellees.


STEWART, Judge.

This condemnation proceeding was instituted in the Ohio County Court by the Commonwealth of Kentucky, Department of Highways, against Mitchell Curtis and Inez Curtis, his wife, for the acquisition of land to be used as a right of way in the construction of the Western Kentucky Turnpike.

The commissioners, appointed by the county court, awarded the landowners the aggregate amount of $7170. The Commonwealth...

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