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CORNS v. TRANSPORTATION CABINET

Nos. 89-SC-452-MR, 89-SC-582-DG.

814 S.W.2d 574 (1991)

Ray CORNS, Judge, Franklin Circuit Court; Robert C. Yount, Margaret R. Yount, Henrietta Yount Penn, Bradley Yount, Kay W. Yount, Cassie Yount Watson, Charles E. Watson, James L. Yount, Thelma W. Yount, Ethel Yount McCray, William D. Yount, Christine M. Yount, Billy Meade, Arthur E. Beard, Rodney R. Ratliff, Frankfort Rock, Inc. (Real Parties in Interest), Appellants, v. TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH of KENTUCKY, Appellee. TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH of KENTUCKY, Movant, v. Robert C. YOUNT, Margaret R. Yount, Henrietta Yount Penn, Bradley Yount, Kay W. Yount, Cassie Yount Watson, Charles E. Watson, James L. Yount, Thelma W. Yount, Ethel Yount McCray, William D. Yount, Christine M. Yount, Billy Meade, Arthur E. Beard, Rodney R. Ratliff, Frankfort Rock, Inc., Respondents.

Supreme Court of Kentucky.

August 29, 1991.

Attorney(s) appearing for the Case

Ray Corns, Circuit Court, Div. One, James Dean Liebman, Liebman & Liebman, Frankfort, for appellants/respondents.

Michael L. Judy, Richard M. Guarnieri, Stoll, Keenon & Park, Frankfort, for real parties in interest Billy Meade, Arthur E. Beard, Rodney R. Ratliff, Frankfort Rock, Inc.

Frank F. Chuppe, Jr., Sheryl G. Snyder, Janice S. Jacobs, Holiday Hopkins Thacker, Wyatt, Tarrant & Combs, Louisville, for appellee/movant.

OPINION OF THE COURT

JOHN STANLEY HOFFMAN, Special Justice.

We are called upon to decide whether or not the Court of Appeals abused its discretion by granting a writ of prohibition in a highway condemnation case prohibiting the Franklin Circuit Court Judge, Hon. Ray Corns, ("the respondent Judge") from enforcing an order requiring the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, ("the Commonwealth") to deposit with the circuit...

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