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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. OCHSNER

392 S.W.2d 446 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, etc., et al., Appellants, v. Richard T. OCHSNER et al., Appellees.

Court of Appeals of Kentucky.

July 2, 1965.

Attorney(s) appearing for the Case

E. P. Sawyer, Louisville, County Atty., Edwin A. Schroering, Jr., Louisville, for appellants.

Eugene E. Pendergrass, Marvin J. Sternberg, Louisville, for appellees.

PALMORE, Judge.

This is a condemnation action brought by the state highway department to acquire 9.59 acres of land for the construction of a portion of the Outer Loop Highway in Jefferson County. Pursuant to a jury verdict the owners were awarded $32,000, and the state appeals.

The land affected by the taking was a 154-acre dairy farm situated at the intersection of Urton Lane with English Station Road just south of U. S. Highway 60 near Middletown. The 9...

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