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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. SILER

487 S.W.2d 926 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Thomas S. SILER, Jr., and Phelmia Siler, Appellees.

Court of Appeals of Kentucky.

December 1, 1972.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Dept. of Highways, Frankfort, Phillip K. Wicker, Harris & Wicker, Wendell V. Lyon, Jr., Somerset, for appellant.

John J. Tribell, Tribell & Tribell, Middlesboro, for appellees.

STEINFELD, Chief Justice.

In condemnation proceedings in the Bell County Court it was ordered on October 7, 1968, that the landowners be awarded $20,000, the amount fixed by the commissioners, for the taking of the subject property, a tract of land on which was located a restaurant. The condemnor, the Kentucky Department of Highways, and the landowners appealed to the circuit court where the case was tried before a jury, which returned a verdict for $25,000. From...

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