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COMMONWEALTH EX REL. DEPT. OF HWYS. v. TUCKER

389 S.W.2d 937 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. H. L. TUCKER and Zetta Tucker, et al., Appellees.

Court of Appeals of Kentucky.

April 23, 1965.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., L. A. Faurest, Elizabethtown, for appellant.

Carmol D. Cook, Lake & Cook, Hartford, Sam T. Jarvis, Jarvis & Cornette, Greenville, for appellees.

DAVIS, Commissioner.

The Department of Highways of the Commonwealth asks reversal of the judgment of $14,500 obtained by appellees in this condemnation action. The basis upon which the reversal is sought is the contention that the verdict is excessive and not supported by the evidence.

The present condemnation is for right of way necessary for construction of the Western Kentucky Parkway. Appellees owned a tract of about 235 acres near Rockport. The tract...

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