BERNARD v. RUSSELL COUNTY AIR BD.

No. 87-CA-2-MR.

747 S.W.2d 610 (1988)

Lester BERNARD and Lacona Bernard, his wife; Robert L. Bertram and M. Gail Wilson, Appellants, v. RUSSELL COUNTY AIR BOARD, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 1, 1988.


Attorney(s) appearing for the Case

Robert L. Bertram, M. Gail Wilson, Jamestown, for appellants.

Gordon T. Germain, Monticello, for appellee.

Before COMBS, MILLER and WILHOIT, JJ.


COMBS, Judge.

The sole issue presented by this appeal is whether the trial court abused its discretion by not awarding attorney's fees to appellants after their successful defense against a condemnation proceeding brought by appellee.

The judicial history of this controversy is long and eventful. The Russell County Air Board [Air Board] began its attempt to condemn the property of Lester and Lacona Bernard in 1982. The Bernards opposed the prospective condemnation...

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