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COMMONWEALTH, DEPT. OF HIGHWAYS v. SMITH

388 S.W.2d 362 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Elizabeth R. SMITH, Appellee.

Court of Appeals of Kentucky.

March 19, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Asst. Atty. Gen., Deddo G. Lynn, Lexington, for appellant.

Thomas D. Shumate, Irvine, for appellee.

MILLIKEN, Judge.

The Department of Highways has appealed from a judgment remanding a claim to the Board of Claims for reconsideration. The Board of Claims dismissed the claim upon the premise that the case was controlled by the doctrine of permanent structures and was brought after the applicable one year statute of limitations had expired. KRS 44.110.

In 1954 the claimant had deeded a right of way for the construction of the road across the back of her lot...

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