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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WARD

461 S.W.2d 380 (1970)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Calvin A. WARD et al., Appellees.

Court of Appeals of Kentucky.

December 18, 1970.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Kenneth S. Baker, Dept. of Highways, Jackson, for appellant.

Bruce Stephens, Jr., Duff Arnett, Hazard, for appellees.

STEINFELD, Judge.

This condemnation action originated in the Perry County Court where appellees Calvin A. Ward and his wife, Louise, were awarded $19,000 for 0.89 acre of their land taken by the Highway Department for rebuilding Kentucky Highway No. 15 between Hazard and Whitesburg. Both parties appealed to the circuit court and upon a jury trial the landowners were awarded $24,000. Judgment was entered for that amount from which the Commonwealth appeals. We affirm...

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