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COMMONWEALTH, DEPT. OF HYS. v. GIBBS ENTERPRISES, INC.

437 S.W.2d 763 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. GIBBS ENTERPRISES, INC., Appellee.

Court of Appeals of Kentucky.

February 14, 1969.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Frankfort, Dept. of Highways, J. D. Atkinson, Sr., Atkinson & Atkinson, Greenup, Lewis D. Jones, Flemingsburg, Dept. of Highways, for appellant.

C. B. Creech, Stanley R. Hogg, Ashland, for appellee.

PALMORE, Judge.

The Department of Highways appeals from a judgment awarding Gibbs Enterprises, Inc., $36,000 as compensation for the taking of a strip of land fronting on U. S. Highway 23 in Greenup County near the City of Ashland.

The land taken is part of a 2.75-acre triangle bought by Gibbs in 1964 for $25,000. It was then a swampy area and was below the level of Highway 23. Gibbs had it filled and graded and put in a railroad spur. The triangle is bounded...

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