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STURGILL v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

384 S.W.2d 89 (1964)

Charles H. STURGILL et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

November 13, 1964.

Attorney(s) appearing for the Case

Joseph J. Leary, Frankfort, Don Sturgill, Sturgill, Moreland & Turner, Lexington, for appellants.

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., H. C. Smith, Frankfort, and F. Selby Hurst, Lexington, for appellee.

CLAY, Commissioner.

In this condemnation proceeding appellants sought to enjoin the Commonwealth (Department of Highways) from taking a part of their land for use as an access road. The trial court denied the injunction and the correctness of this ruling is before us.

Appellants' property is situated somewhat southwest of the intersection of the Newtown and New Circle Roads in Fayette County. The Newtown Road runs north and south; the New Circle Road east...

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