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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ROBERTS

405 S.W.2d 681 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Owen ROBERTS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 19, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Sp. Asst. Atty. Gen., C.E. Skidmore, Frankfort, for appellant.

Calvin Ray Robinson, David C. Brodie, Owensboro, for appellees Roberts.

B. C. Green, Green & Connor, Owensboro, for appellee, Owensboro Federal Savings & Loan Ass'n.

CLAY, Commissioner.

Plaintiff appellees brought this suit to quiet their title to a 20-foot strip of land adjoining the right of way on U. S. 60 in Daviess County. On motion for summary judgment the circuit court found for the plaintiffs and adjudged that the Commonwealth's interest in this strip had been a temporary easement, which interest had reverted to the plaintiffs by reason of non-user.

In 1926 plaintiffs...

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