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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. TANNER

424 S.W.2d 384 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Lewis R. TANNER et al., Appellees.

Court of Appeals of Kentucky.

February 16, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, James E. Adkins, Catlettsburg, Lewis D. Jones, Flemingsburg, for appellant.

J. W. McKenzie, H. David Hermansdorfer, Ashland, for apellees.

DAVIS, Commissioner.

The Department of Highways is appealing from the judgment of $42,500 entered pursuant to the jury's verdict in this highway condemnation proceeding. The Department presents six assignments of error, but our view of the case makes it unnecessary to detail these contentions or deal with them in depth, except to the extent hereinafter noted.

The property involved in the taking is commercial property located on the south side of existing U...

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