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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HOSKINS

495 S.W.2d 177 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, et al., Appellants, v. Walter HOSKINS and Laura Hoskins, Appellees.

Court of Appeals of Kentucky.

May 18, 1973.

Attorney(s) appearing for the Case

Carl T. Miller, Gen. Counsel, Dept. of Highways, Frankfort, David G. Carroll, Wendell V. Lyon, Jr., Dept. of Highways, Somerset, for appellants.

Denver Adams, Hyden, for appellees.

CATINNA, Commissioner.

This is an appeal from a judgment of the Leslie Circuit Court setting aside an order of the Board of Claims denying Walter and Laura Hoskins relief upon a petition filed with the Board and remanding their claim with directions that the Board enter an order awarding them $8,500.

Walter Hoskins and Laura Hoskins, his wife, owned a tract of land on Stinnett Creek. The Highway Department owned a right-of-way across the Hoskinses' property...

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