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GREENUP COUNTY v. UTILITIES COMMISSION, ETC.

632 S.W.2d 463 (1982)

GREENUP COUNTY, Kentucky, and Greenup County Fiscal Court, By and Through Richard OUSLEY, Judge-Executive; William Paul Riffe, Commissioner; Irving C. Fannin, Commissioner, and C. A. Wilson, Commissioner, Appellants, v. UTILITIES COMMISSION OF the CITY OF VANCEBURG, Kentucky, Appellee.

Court of Appeals of Kentucky.

March 19, 1982.

Attorney(s) appearing for the Case

Charles M. Daniels, Daniels, Armstrong, Cantrell & Hatfield, Greenup, for appellants.

Brown, Todd, & Heyburn, Kenneth K. Tuggle, Mack J. Morgan, III, Louisville, E. V. Holder, Jr., Holder & Lykins, Vanceburg, for appellee.

Before GUDGEL, HOWERTON and REYNOLDS, JJ.

HOWERTON, Judge.

The appellants appeal from an order of the Greenup Circuit Court dismissing their complaint with prejudice. The appellants initiated this suit to prevent the appellee from condemning land in Greenup County for the purpose of constructing transmission lines from its power plant on the Ohio River across Greenup County and into Lewis County, wherein the City of Vanceburg is located.

The appellee filed a memorandum in support of its motion to...

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