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MOTHER OF GOD C. ASS'N v. TRANSP. CABINET

No. 87-CA-001955-MR.

759 S.W.2d 69 (1988)

MOTHER OF GOD CEMETERY ASSOCIATION, INC., a Kentucky Corporation and William A. Hughes, Roman Catholic Bishop of the Diocese of Covington, Trustee for the German Roman Catholic Mother of God Cemetery Association of Covington, Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 10, 1988.

Attorney(s) appearing for the Case

Peter J. Summe, Covington, for appellants.

Owen W. Serey, Covington, for appellee.

Before HOWERTON, C.J., and LESTER and REYNOLDS, JJ.

LESTER, Judge.

The Mother of God Cemetery Association and Bishop William Hughes as trustee for the cemetery appeal from an interlocutory order and judgment entered August 11, 1987, finding that the Department of Highways has the right to take certain property belonging to the cemetery by eminent domain, and an order entered August 11, 1987, which determined that:

Section 2(a) of the Charter of the Defendant Cemetery Association as it purports to exempt certain...

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