JONES v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS


413 S.W.2d 65 (1967)

Morel B. JONES and Lawrence L. Jones, III, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

March 24, 1967.


Attorney(s) appearing for the Case

Lawrence L. Jones, III, H. Wendell Cherry, Louisville, for appellants.

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, Raleigh Jones, Dist. Atty., Dept. of Highways, Randolph A. Brown, Louisville, for appellee.


DAVIS, Commissioner.

Presented on appeal is whether appellants are entitled to have considered as one tract two non-contiguous tracts, from one of which a portion is taken in this condemnation proceeding. The trial judge ruled that the tracts could not be considered as one.

For our purposes, a portion of the facts which were stipulated in the trial court will serve to focus upon the issue at bar; we quote pertinent portions of that stipulation:

"In...

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