COM. TRANSP. CABINET v. COMER

No. 91-CA-137-MR.

824 S.W.2d 881 (1991)

COMMONWEALTH of Kentucky TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. Raymond COMER and Marion Corn, Appellees.

Court of Appeals of Kentucky.

December 20, 1991.


Attorney(s) appearing for the Case

Louis Kawaja, Lexington, for appellant.

Thomas C. Marks, Robert S. Miller, Miller, Griffin, & Marks, PSC, Lexington, for appellees.

Before HOWERTON, SCHRODER and WILHOIT, JJ.


HOWERTON, Judge.

The Commonwealth of Kentucky, Transportation Cabinet, Department of Highways appeals from a determination of the Fayette Circuit Court that Raymond Comer and Marion Corn were denied reasonable access to their properties when the state constructed a railroad underpass on South Broadway in Lexington. After the trial court concluded there was a public taking of the land, a jury awarded $240,000 to Comer and $111,000 to Corn.

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