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GANOTE v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

409 S.W.2d 165 (1966)

Oliver P. GANOTE et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

December 2, 1966.

Attorney(s) appearing for the Case

George B. Ryan, Louisville, for appellants.

Robert Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Raleigh Jones, Dist. Atty., Clay A. Copeland, Louisville, for appellee.

MILLIKEN, Judge.

This is an appeal from a summary judgment for the Department of Highways which the appellants, property owners, contend should not have been rendered.

The Department sought to construct a deceleration lane (also called a right-turn lane) within the pre-existing right of way limits of Eastern Parkway, a public highway in Louisville, at its intersection with Poplar Level Road. In the construction of this turning lane on Eastern Parkway, the...

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