CHAIN BELT CO. v. COMMONWEALTH, DEPT. OF HIGHWAYS


391 S.W.2d 357 (1965)

CHAIN BELT COMPANY, Appellant, v. COMMONWEALTH of Kentucky, DEPT. OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 2, 1965.


Attorney(s) appearing for the Case

James W. Stites, James W. Stites, Jr. (Stites, Peabody & Helm) Louisville, for appellant.

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., James J. Shannon, Jr., and W.R. Patterson, Jr., Dept. of Highways, Frankfort, for appellee.


DAVIS, Commissioner.

This condemnation proceeding presents the question whether the appellant condemnee is entitled to recoup the expenses it incurred for removal and relocation of its machinery and equipment from the condemned property. The trial court, by dismissing appellant's appeal from the Jefferson County Court, effectively determined that the expenses incident to removal and relocation of the machinery and equipment are not compensable.

Appellant had...

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