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COM., D. OF HOUS., BLDGS. & CONST. v. COLLINS

654 S.W.2d 608 (1983)

COMMONWEALTH of Kentucky, DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION; and Frank Weibel; and Eugene Perkins, Appellants, v. Allen E. COLLINS, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied August 24, 1983.

Attorney(s) appearing for the Case

Judith G. Walden, Dept. of Housing, Bldgs. and Const., Frankfort, for appellants.

Otto Daniel Wolff, Covington, for appellee.

Before HAYES, C.J., HOWARD and LESTER, JJ.

HOWARD, Judge.

This is an appeal from a negligence case in which the trial court upheld an award of the Board of Claims in favor of the appellee in the sum of approximately $35,000.

The appellee ("Collins"), in 1978, owned three parcels of land in Campbell County, Kentucky. All 127 acres were located outside any city limits and were not served by a public water supply. In the Spring of 1978, Collins proceeded with plans to build a retirement home on the smallest...

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