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MAXWELL v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

404 S.W.2d 9 (1966)

Ruth R. MAXWELL et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing July 1, 1966.

Attorney(s) appearing for the Case

Don S. Sturgill, Gardner L. Turner, Sturgill, Moreland & Turner, Lexington, for appellants.

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Henry Smith, Deddo G. Lynn, Lexington, for appellee.

CLAY, Commissioner.

In this highway condemnation case the landowners appeal from a $40,000 judgment for the taking of 10½ acres of their farm (including certain improvements). Many alleged errors are complained of.

The principal property taken was a strip which ran the length of the western boundary of the farm and a smaller strip from the frontage for the widening of the Winchester Road. On the farm is a magnificent residence but it was not immediately...

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