Jay W. VANDERTOLL and Dr. Donald J. Vandertoll, Appellants,
v.
COMMONWEALTH of Kentucky, Transportation Cabinet, Appellee, and
Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, Appellant,
v.
Elmo Martin and Martha Martin, His Wife, Appellees, and
Don C. Kelly, as Secretary of Transportation, and Transportation Cabinet, Commonwealth of Kentucky, and Jerry Anglin, as Commissioner of Highways, Appellants,
v.
Everett R. Thompson, Jr., and Deborah T. Harris, as Co-Executors of the Estate of Everett R. Thompson and Denny Moore and Southside Real Estate Investors, Inc., Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
May 22, 2003.
Rehearing Denied August 21, 2003.
Attorney(s) appearing for the Case
Daniel Potts Cherry, Thomas E. Powell, II, Greenbaum, Doll & McDonald, PLLC, Louisville, Counsel for Appellants, Jay W. Vandertoll and Dr. Donald J. Vandertoll.
Mary R. Harville, Lynn Katrin Fieldhouse, Reed, Weitkamp, Schell & Vice, PLLC, Louisville, Counsel for Appellee, Commonwealth of Kentucky, Transportation Department.
Randall Gardner, Jeffrey A. Cross, Borowitz & Goldsmith, PLC, Louisville, Counsel for Appellant, Commonwealth of Kentucky, Department of Transportation, Bureau of Highways.
R. Dale Warren, Louisville, Counsel for Appellees, Elmo Martin and Martha Martin, His Wife.
Randall Gardner, Jeffrey A. Cross, Borowitz & Goldsmith, PLC, Louisville, Counsel for Appellants, Don C. Kelly, as Secretary of Transportation, and Transportation Cabinet, Commonwealth of Kentucky, and Jerry Anglin, as Commissioner of Highways.
Charles F. Wilson, Jr., Pikeville, Counsel for Appellees, Everett R. Thompson, Jr., and Deborah T. Harris, as Co-Executors of the Estate of Everett R. Thompson.
John R. McGinnis, McBrayer, McGinnis, Leslie & Kirkland, Greenup, Counsel for Appellees, Denny Moore and Southside Real Estate Investors, Inc.
Supreme Court of Kentucky.
Opinion of the Court by Justice STUMBO.
This is a consolidated appeal from two Court of Appeals' opinions dealing with the same issues of law. The main issues on appeal are: (1) whether the application of Kentucky Revised Statute (KRS) 416.670 to condemnations occurring more than eight years1 prior to the statute's amendment in 1980, constitutes an impermissible retroactive application of that...
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