COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. MERRILL


383 S.W.2d 327 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Boynton MERRILL, Jr., and Marian Merrill, his wife, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 20, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William L. Lamkin, Jr., Asst. Atty. Gen., F. D. Curry, Atty. for Dept. of Highways, Frankfort, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.


WADDILL, Commissioner.

Upon appeals to the circuit court from a county court judgment of $276,130.00, Boynton Merrill, Jr. and his wife were awarded $253,280.00 for 47.68 acres of their land taken by the Commonwealth for the construction and relocation of U. S. Highway 41 as a nonaccess bypass around the city of Henderson, the placement of a nonaccess interchange with U. S. Highway 60, and the rerouting of Kimsey Lane over the bypass, and were awarded $97,588.00 as...

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