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McCORMACK v. COMMONWEALTH, DEPT. OF HIGHWAYS

429 S.W.2d 379 (1968)

Craig McCORMACK, and Myrtle McCormack, wife, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

June 14, 1968.

Attorney(s) appearing for the Case

James G. Sheehan, Jr., Danville, for appellant.

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., William O. Gilbreath, Dept. of Highways, Frankfort, for pellants.

MILLIKEN, Judge.

This was a condemnation proceeding brought by the Department of Highways to obtain a temporary easement for three months upon 1,650 square feet of the McCormacks' land situated adjacent to the Danville to Lancaster Road (Ky. 52) in Boyle County, for the purpose of constructing a new retaining wall and drainage pipe. The portion of the McCormacks' land affected is a triangular parcel located at the Y junction of U. S. 150 and Ky. 52 a short distance...

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