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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. CASTLE

467 S.W.2d 782 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Willard CASTLE et al., Appellees.

Court of Appeals of Kentucky.

June 4, 1971.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Dept. of Highways, Frankfort, Edmond H. Tackett, Pikeville, for appellant.

J. K. Wells, Wells & Wells, Paintsville, for appellees.

DAVIS, Commissioner.

A jury awarded $8,000 to the appellees in this condemnation proceeding. The Department of Highways has appealed from the judgment, asserting that (1) the court should have sustained its motions to strike evaluation evidence offered for the appellees; (2) the verdict is excessive and not supported by competent evidence of probative value; and (3) it was error to permit appellees to introduce a subdivision plat.

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