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COMMONWEALTH, ETC. v. CONGREGATION ANSHEI S'FARD

390 S.W.2d 454 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. CONGREGATION ANSHEI S'FARD et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 11, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Marshall B. Woodson, Jr., C. Dant Kearns, Louisville, for appellant.

Irwin G. Waterman, Carl J. Bensinger, Louisville, Morris, Garlove, Waterman & Johnson, Louisville, of counsel, for appellees.

HILL, Judge.

This is a highway right-of-way condemnation action instituted by the Kentucky Department of Highways in Jefferson County Court, pursuant to KRS 177.081 et seq., to acquire right-of-way for the construction of a portion of the north-south expressway in Louisville, Kentucky. A Jewish Synagogue is situated and in use on the land being acquired. The entire property is needed.

The trial jury awarded appellees $97,250.00. The Highway Department, only...

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