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BOARD OF ED. v. COMMONWEALTH, DEPT. OF HWYS.

528 S.W.2d 657 (1975)

BOARD OF EDUCATION OF LOUISVILLE, Kentucky, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, et al., Appellees.

Court of Appeals of Kentucky.

April 25, 1975.

Attorney(s) appearing for the Case

Henry A. Triplett, Henry V.B. Denzer, Hogan, Taylor, Denzer & Bennett, Louisville, for appellant.

Jack M. Lowery, Jr., Louisville, Robert A. Becht, Dept. of Highways, Frankfort, for appellees.

CULLEN, Commissioner.

For the purposes of right-of-way for an expressway and an entrance ramp, the Department of Highways condemned the major portion of the playground area of an elementary school operated by the Louisville Board of Education. Upon the trial of the condemnation proceeding in the circuit court the jury fixed the damages at $238,418, and judgment was entered awarding the board of education that amount. The...

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