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COMMONWEALTH, DEPT. OF HIGHWAYS v. REYNOLDS

500 S.W.2d 413 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William M. REYNOLDS, Sr., and Ann Louise Reynolds, wife, Appellees.

Court of Appeals of Kentucky.

October 12, 1973.

Attorney(s) appearing for the Case

Carl T. Miller, Jr., Dept. of Highways, Frankfort, Edward E. Lanham, Owensboro, Perry M. Lewis, Madisonville, for appellant.

Clarence Bartlett, Bartlett, McCarroll & Nunley, Owensboro, for appellees.

CULLEN, Commissioner.

Having determined the necessity to widen U. S. Highway 231 through the city of Beaver Dam, the Department of Highways instituted proceedings to condemn a strip of land 5½ feet in width along the front of the property of William Reynolds and wife, which abutted the highway on the west side. The Reynolds property was occupied by a commercial garage building and related structures. Surveys had satisfied the department that the west boundary...

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