COM. TRANSP. CABINET v. TAUB

No. 88-SC-141-DG.

766 S.W.2d 49 (1988)

COMMONWEALTH of Kentucky TRANSPORTATION CABINET DEPARTMENT OF HIGHWAYS, Appellant, v. Gordon TAUB, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 6, 1989.


Attorney(s) appearing for the Case

C. Kilmer Combs, Bert T. Combs, Wyatt, Tarrant & Combs, Lexington, for appellant.

Kent Masterson Brown, Joseph L. Arnold, Nunn Odear & Arnold, Lexington, for appellee.


LAMBERT, Justice.

At issue in this case is the legality of certain condemnation proceedings instituted by the Transportation Cabinet to acquire property for construction of the Toyota Access Road. After hearing the evidence and rendering detailed findings of fact and conclusions of law, the trial court held that the Commonwealth properly exercised its right of eminent domain and judgment was entered accordingly. On appeal, a divided panel of the Court of Appeals reversed...

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