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COM. v. DLX, INC.

No. 1999-SC-0756-DG.

42 S.W.3d 624 (2001)

COMMONWEALTH of Kentucky, Appellant, v. DLX, INC., Appellee.

Supreme Court of Kentucky.

April 26, 2001.

Attorney(s) appearing for the Case

Todd E. Leatherman, James J. Grawe, Office of the Attorney General, S. Bradford Smock, David J. Obradovich, Natural Resources & Environmental Protection Cabinet, Office of Legal Services, Frankfort, Counsel for Appellant.

D. Duane Cook, Stamping Ground, Counsel for Appellee.

JOHNSTONE, Justice.

DLX, Inc., filed suit in the Franklin Circuit Court claiming that the Natural Resources and Environmental Protection Cabinet ("Cabinet") had taken its property without compensation in violation of Section 242 of the Kentucky Constitution. The trial court granted the Cabinet's motion for judgment on the pleadings on grounds that the case was not ripe for judicial determination and that DLX failed to exhaust...

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