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JONES v. COM., TRANSP. CABINET

No. 92-CA-001490-S.

875 S.W.2d 892 (1993)

Zondola JONES, Bennie Frank Jones and LeAnne Jones, his wife, Appellants, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT of HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

As Modified September 24, 1993.

Rehearing Denied November 5, 1993.

Discretionary Review Denied by Supreme Court June 15, 1994.

Attorney(s) appearing for the Case

Lawrence R. Webster, Pikeville, for appellants.

Dale B. Mitchell, Lexington, for appellee.

Before EMBERTON, JOHNSON and MILLER, JJ.

JOHNSON, Judge.

This is a special appeal wherein appellants, Zondola Jones, Bennie Frank Jones, and LeAnne Jones filed a complaint in Pike Circuit Court alleging that the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, has taken their land for public use without just compensation. The circuit court granted the Commonwealth's motion for summary judgment, and dismissed the complaint as barred by...

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