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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. LARENCE

464 S.W.2d 243 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. John V. LARENCE et al., Appellees.

Court of Appeals of Kentucky.

March 5, 1971.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Don Duff, Dept. of Highways, Frankfort, Jerry Roger Grigsby, Elizabethtown, for appellant.

Thomas B. Givhan, Givhan & Porter, Shepherdsville, for appellees.

PALMORE, Judge.

This is the second appeal of a condemnation case in which the state highway department took a small sliver of the landowners' property incident to raising the level of Kentucky Highway No. 44 in the east portion of the City of Shepherdsville near the I-65 interchange. For the facts, see Commonwealth, Dept. of Highways v. Larence, Ky., 426 S.W.2d 776 (1968).

In the first trial the jury awarded $15,100 and...

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