GIBSON v. COM., TRANSP. CABINET

No. 88-CA-1990-S.

777 S.W.2d 234 (1989)

Ezra D. GIBSON, Janice Gibson, His Wife; Dean Gibson, and Pamela Gibson, His Wife, Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals September 29, 1989.


Attorney(s) appearing for the Case

J.D. Atkinson, Jr., Charles L. Douglas, McBrayer, McGinnis, Leslie & Kirkland, Greenup, for appellants.

David A. Collins, Com. of Ky., Transp. Dept., Flemingsburg, for appellee.

Before ELSWICK, EMBERTON and HAYES, JJ.


ELSWICK, Judge:

Appellants own a five story building in Ashland located on the corner of Winchester and 13th Street. The first three floors of the building are used as a retail furniture store, the top two floors being reserved for warehouse space.

For many years it was customary for trucks to stop and unload on 13th Street where appellants' freight entrance and freight elevator were located. In 1986, however, 13th Street was reduced in width from approximately...

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