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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. CARRACO

476 S.W.2d 175 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Paul E. CARRACO and Thelma Carraco, his wife, Appellees.

Court of Appeals of Kentucky.

February 4, 1972.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Dept. of Highways, Frankfort, George F. Williamson, Clark, Manby & Williamson, LaGrange, John J. Blackburn, Covington, for appellant.

Louis T. Peniston, New Castle, Alfred W. Minish, Carrollton, for appellees.

GARDNER, Commissioner.

Judgment of the Carroll Circuit Court awarded Paul E. Carraco and Thelma Carraco $10,000 for the taking of 2.03 acres of land. The Department of Highways has appealed contending the judgment is excessive and is not supported by competent evidence of sufficient probative value. We affirm.

The 2.03 acres taken fronted on U. S. 227 for 1200 feet with an average depth of 75 feet. They were part of a 63.86-acre tract lying within the city...

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