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COM., NAT. RESOURCES v. STEARNS COAL & LUMBER

678 S.W.2d 378 (1984)

COMMONWEALTH of Kentucky, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant/Cross-Appellee, v. STEARNS COAL AND LUMBER COMPANY, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

Rehearing Denied November 15, 1984.

Attorney(s) appearing for the Case

Carl W. Breeding and Arthur L. Williams, Frankfort, Mark E. Gormley, Versailles, for appellant/cross-appellee.

Lively M. Wilson, Winfrey P. Blackburn, Jr., Stites & Harbison, Ronald D. Ray, Greenebaum, Doll & McDonald, Louisville, for appellee/cross-appellant.

W. Henry Graddy, IV, McCauley, Elam, Overstreet & Graddy, Versailles, Oscar Geralds, Geralds, Moloney & Jones, Thomas J. FitzGerald, Lexington, for amicus curiae.

WINTERSHEIMER, Justice.

This appeal is from an inverse or reverse condemnation action in which the Department of Natural Resources appeals from a judgment awarding Stearns damages for the taking of the Stearns property. Stearns has filed a cross-appeal seeking a higher prejudgment interest.

The trial judge in a pretrial order found that there was a taking as of June 25, 1975, and the jury trial was then limited...

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