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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WHIPPLE

392 S.W.2d 81 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. George P. WHIPPLE et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing July 2, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Marshall B. Woodson, Jr., Louisville, for appellant.

Henry V. B. Denzer, J. W. Hottell, Louisville, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, brought proceedings to condemn for highway purposes all of a lot with a commercial building on it, in Louisville. The jury in circuit court awarded damages of $167,000, and judgment was entered accordingly. The Commonwealth has appealed.

Two valuation witnesses testified for the Commonwealth. They valued the property at $132,875 and $140,000, respectively. Only one such witness testified...

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