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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. GAMBLE

415 S.W.2d 101 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ross GAMBLE and Mable Gamble, his wife, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 16, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, M. T. Quinton, Jr., Reed D. Anderson, Madisonville, for appellant.

Richard L. Frymire, Madisonville, for appellees.

CULLEN, Commissioner.

A motion for an appeal previously having been sustained, we have before us the appeal of the Commonwealth of Kentucky, Department of Highways, from a judgment for $2,000 rendered in favor of the appellees Ross Gamble and wife on a "reverse condemnation" claim.

Pursuant to a deed from the Gambles conveying "a temporary easement for the purpose of constructing an entrance road" the Department of Highways constructed a gravel-surfaced roadway...

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