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COM. v. R.J. CORMAN RAILROAD CO.

No. 2002-SC-0004-DG.

116 S.W.3d 488 (2003)

COMMONWEALTH of Kentucky, Transportation Cabinet, Department of Highways, Appellants, v. R.J. CORMAN RAILROAD COMPANY/MEMPHIS LINE, Appellee.

Supreme Court of Kentucky.

September 18, 2003.

Attorney(s) appearing for the Case

Joseph B. Phillips, Bowling Green, Phillip Wicker, Elizabethtown, Counsel for Appellant.

David R. Irvin, Moynahan, Irvin & Smith, PSC, Nicholasville, George E. Strickler, Jr., Bowling Green, Counsel for Appellee.

Opinion of the Court by Justice GRAVES.

The R.J. Corman Railroad Company owns and operates the "Memphis Line," a shortline rail carrier, with tracks running approximately from Bowling Green, Kentucky, to Cumberland City, Tennessee. The Department of Highways, in connection with the widening and relocation of U.S. 68 and Ky. 80 in Logan County, Kentucky, instituted condemnation proceedings for six grade level highway crossing...

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