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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. DeHART

385 S.W.2d 317 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. E. R. DeHART et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 22, 1965.

Attorney(s) appearing for the Case

John A. Breckinridge, Atty. Gen., William A. Lamkin, Asst. Atty. Gen., Frankfort, Walter Mobley, Dept. of Highways, Flemingsburg, Charles D. Kearns, Dist. Atty., Dept. of Highways, Frankfort, for appellant.

O. F. Duval, Olive Hill, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment which "set aside and held for nought" a deed from E. R. DeHart and wife to the department, conveying the title to land in front of the DeHarts' store building in the business section of the city of Olive Hill, as right of way for reconstructed U. S. Highway No. 60 and a sidewalk. The judgment was based upon the findings of an advisory jury that the right of way agents...

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