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COMMONWEALTH v. CITY OF WINCHESTER

431 S.W.2d 707 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. CITY OF WINCHESTER, Kentucky, and Clark County Board of Education, Lessee, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 11, 1968.

Attorney(s) appearing for the Case

Robert Matthews, H. C. Smith, C. E. Skidmore, Dept. of Highways, Frankfort, for appellant.

J. Smith Hays, Jr., James B. Stewart, Winchester, for appellees.

MILLIKEN, Judge.

This case involves the condemnation of public school property by the Department of Highways.

"The best laid schemes o' mice and men gang aft a-gley * * *" and in this case the long range plans of the Winchester and Clark County school authorities were disrupted by the Highway Department when it condemned 2.37 acres from a 13.98 acre school tract for the construction of a four-lane highway, leaving 5.15 severed acres on one side of a deep cut...

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