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COMMONWEALTH, DEPT. OF HWYS. v. MILBY-FARMER, INC.

No. F-258-70.

494 S.W.2d 88 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. MILBY-FARMER, INC., Appellee.

Court of Appeals of Kentucky.

April 20, 1973.

Attorney(s) appearing for the Case

Don Duff, General Counsel, Department of Highways, Carl T. Miller, Jr., Director of Legal Services Department of Highways, Frankfort, Phillip K. Wicker, Wendell V. Lyon, Jr., Somerset, for appellant.

F. Preston Farmer, Hamm, Taylor, Milby & Farmer, London, for appellee.

STEINFELD, Justice.

For the construction of a portion of the Daniel Boone Parkway between London and Manchester, Kentucky, the Commonwealth condemned 1.38 acres of land belonging to appellee Milby-Farmer, Inc. Before the condemnation appellee was the owner of an unimproved tract of land containing 39.66 acres located about one-half mile east of the city limits of London. The land which fronted on Slate Lick, Moren and Cemetery Roads contained 33.66 acres of rolling...

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