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KELLY v. THOMPSON

97-SC-802-DG.

983 S.W.2d 457 (1998)

Don C. KELLY, Secretary of Transportation Cabinet; Transportation Cabinet, Commonwealth of Kentucky; and Jerry Anglin, Commissioner of Highways, Appellants, v. Everett R. THOMPSON, Jr., Deborah T. Harris, as Co-Executors of the Estate of Everett R. Thompson, Deceased; Danny Moore; and Southside Real Estate Investors, Inc., Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing January 21, 1999.

Attorney(s) appearing for the Case

Marvin M. Sotsky, Stanley W. Whetzel, Jr., Taustine, Post, Sotsky, Berman, Fineman & Kohn, Louisville, KY, for appellants.

Charles F. Wilson, Jr., Pikeville, KY, John R. McGinnis, Greenup, KY, for appellees.

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals which reversed and remanded an Opinion and Order of the Pike Circuit Court which had granted summary judgment in favor of the Transportation Cabinet.

The issue presented is whether the application of the right of redemption provided by KRS 416.670 would constitute a retroactive application of the statute in violation of KRS 446.080(3).

In 1978, the Transportation Cabinet...

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