KLUTEY v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS


428 S.W.2d 766 (1967)

Carlton N. KLUTEY et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 14, 1968.


Attorney(s) appearing for the Case

John L. Dorsey, Jr., Dorsey & Sullivan, Henderson, for appellants.

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, M. T. Quinton, Jr., Madisonville, for appellee.


CLAY, Commissioner.

This action was brought by the Commonwealth to enjoin appellants from maintaining embankments on their property which diverted the flow of water from two drainage pipes under a new highway constructed in the City of Henderson. Appellants counterclaimed and sought an injunction against the Commonwealth. The Chancellor found in favor of the latter.

Appellants owned a 70-acre tract. The Commonwealth condemned an 8-acre strip running from north...

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