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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. R. McCONATHY

487 S.W.2d 924 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. James R. McCONATHY and Alla R. McConathy, wife, and Federal Land Bank of Louisville, Mortgagee, Appellees.

Court of Appeals of Kentucky.

December 1, 1972.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, George E. Stigger, III, Perdue & Stigger, Henderson, for appellant.

Charles B. West, Joseph E. Ternes, Jr., West, Markwell & Bryant, Henderson, for appellees.

CULLEN, Commissioner.

The Kentucky Department of Highways condemned a 0.45 acre parcel of land at the southeast corner of the 151-acre farm of James R. McConathy and wife. The commissioners in county court awarded damages of $2,000, but on appeal by the McConathys to the circuit court the verdict was for $8,750. The department appeals from the judgment entered on that verdict, claiming that the verdict is excessive.

The eastern boundary line of the McConathy...

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