BENNETT v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS


417 S.W.2d 143 (1967)

Barney BENNETT, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

June 30, 1967.


Attorney(s) appearing for the Case

J. Howard Holbert, Elizabethtown, for appellant.

Robert Matthews, Atty. Gen., H. C. Smith, Frankfort, Dept. of Highways, Harold K. Huddleston, Tildon McMasters, Elizabethtown, for appellee.


PALMORE, Judge.

Barney Bennett appeals from a judgment awarding him $37,250 for a portion of his property taken by the Highway Department. We reverse upon the ground of error in excluding evidence of comparable sales.

The appellant's property consisted of 28 acres on U. S. Highway 31W in Hardin County. He had on it a 4-bedroom brick veneer residence, nine tourist cabins, a brick apartment building, and other buildings and improvements. Slightly over two acres...

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