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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. THOMAS

427 S.W.2d 213 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. M. W. THOMAS et ux., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 10, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Richard Weisenberger, Dept. of Highways, Paducah, for appellant.

Ben B. Wright, Hopkinsville, for appellees.

EDWARD P. HILL, Judge.

In this case the novel question is presented concerning the right of riparian or littoral landowners to recover for the destruction or impairment of their access to Barkley Lake by reason of the construction by appellant of a roadway, also by a fill across an inlet bordering on the landowners' property. The courts of the states are about equally divided in interpreting the law on this question.

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