COMMONWEALTH, DEPT. OF HIGHWAYS v. STAPLES


388 S.W.2d 374 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William C. STAPLES et al., Appellees.

Court of Appeals of Kentucky.

March 19, 1965.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Joyce Ferris Nedde, Frankfort, Dandridge F. Walton, Dept. of Highways, Madisonville, for appellant.

Irvin Marcus, Louisville, Leo King, Ulvester Walker, Walker & West, Henderson, for appellees.


HILL, Judge.

A jury of the Henderson Circuit Court awarded appellees $6675.00 for a strip of land three feet wide and 150 feet long, and $1764.00 for diminution of the rental value for temporary easement, a total of $8439.00. Only the Commonwealth appeals.

The strip of appellees' lot is sought for reconstruction of US 41. Prior to the taking, appellees' lot was 150 feet square. A filling station was situated and being operated thereon.

The county court...

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