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WESTERN CASUALTY & SURETY CO. v. CITY OF FRANKFORT

516 S.W.2d 859 (1974)

The WESTERN CASUALTY & SURETY COMPANY, Appellant, v. The CITY OF FRANKFORT, Appellee.

Court of Appeals of Kentucky.

December 6, 1974.

Attorney(s) appearing for the Case

Rudy Yessin, Frankfort, for appellant.

Allen Prewitt, Jr., Frankfort, for appellee.

CULLEN, Commissioner.

Pansy Thompson recovered judgment for $8,938 against the City of Frankfort, on a "reverse-condemnation" theory, for damages to her land arising out of the operation by the city of a garbage and trash dump on a tract adjoining Pansy's farm. Trash was so dumped and piled on the city's tract that it spilled over onto Pansy's land, and the encroaching acts continued over a substantial period of time despite repeated complaints by Pansy. The judgment...

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