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LOUISVILLE MEM., ETC. v. COM., DEPT. OF HIGHWAYS

586 S.W.2d 716 (1979)

LOUISVILLE MEMORIAL GARDENS, INC., Movant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Respondent.

Supreme Court of Kentucky.

September 11, 1979.

Attorney(s) appearing for the Case

Albert F. Reutlinger, Louisville, for movant.

Ed W. Hancock, Asst. Atty. Gen., Dept. of Transp., Frankfort, Jack M. Lowery, Jr., Louisville, for respondent.

REED, Justice.

This is a condemnation action. The Commonwealth took about 1.09 acres of movant cemetery's land for a highway improvement project. The Jefferson County Court adjudged that the Commonwealth could take possession of the land upon payment of $159,500.00, the amount awarded by the county court's appointed appraisers. In September 1970, the cemetery appealed to the Jefferson Circuit Court on the ground that the...

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