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PROCTOR v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

412 S.W.2d 252 (1967)

W. E. PROCTOR et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

March 3, 1967.

Attorney(s) appearing for the Case

Blakey Helm, Helm, Eddleman, Flanery & Jay, Louisville, for appellants.

Robert Matthews, Atty. Gen., H. C. Smith, Frankfort, E. Preston Young, Louisville, for appellee.

CLAY, Commissioner.

In this condemnation case the landowners appeal, claiming errors committed during the trial in the circuit court.

Appellants owned a 10-acre tract of land on the east side of Preston Street Road in Jefferson County. It was unimproved, undeveloped and uncleared, and it was covered with underbrush and trees. Appellants had owned the property for 40 years and had not used it for any purpose. It was zoned for residential use.

The Commonwealth...

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