COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ROSE


384 S.W.2d 81 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. J. Kelly ROSE et al., Appellees.

Court of Appeals of Kentucky.

November 13, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Jackson, Joyce, Nedde, Frankfort, for appellant.

Ralph N. Walter, Nickell & Walter, West Liberty, for appellees.


MONTGOMERY, Judge.

J. Kelly Rose and his wife were awarded $4,500 as the value of the land taken and $3,000 as damages to the remaining land in a condemnation action for right of way for the Mountain Parkway. The case was tried before Commonwealth, Department of Highways v. Sherrod, Ky., 367 S.W.2d 844. The Commonwealth of Kentucky, Department of Highways, the condemnor, appeals and urges that valuation evidence based on offers...

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