COM., DEPT. OF TRANSP., ETC. v. CATLETT


568 S.W.2d 759 (1978)

COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellant, v. George M. CATLETT and Geraldine Catlett, Appellees. COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellant, v. Caroline M. BAILEY and J. Harrison Bailey, Appellees.

Court of Appeals of Kentucky.

June 30, 1978.


Attorney(s) appearing for the Case

Ed W. Hancock, Asst. Atty. Gen., Dept. of Transp., Frankfort, Ann E. Samani, Frankfort, for appellant.

Joseph J. Leary, Frankfort, for appellees.

Before GANT, HOGGE and WINTERSHEIMER, JJ.


GANT, Judge.

The appellants appeal from an order in each of these cases dismissing two condemnation proceedings for lack of jurisdiction. The lower court ruled that KRS 177.082 mandates that these actions and all like them should be filed in the county court and that the Franklin Circuit Court had no jurisdiction over the proceedings.

The history of condemnation proceedings in Kentucky discloses that in 1952 the Acts provided that all such proceedings should...

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