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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SHEFFER

399 S.W.2d 709 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. H. S. SHEFFER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 25, 1966.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, John E. Smith, Lexington, for appellant.

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

MONTGOMERY, Judge.

H. S. Sheffer was awarded a total of $7,640 in a condemnation action filed by the Department of Highways. On appeal the Department urges, inter alia, that the verdict is excessive.

The property owned by Sheffer fronted on U. S. 41 near Henderson for 108 feet and had a depth of 250 feet. There is a slope upward from the front to the rear of the lot where a frame residence and a two-car garage are located on a knoll. The property is being...

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