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MARTINGALE, LLC v. CITY OF LOUISVILLE

No. 2003-CA-000074-MR.

151 S.W.3d 829 (2004)

MARTINGALE, LLC, Appellant, v. CITY OF LOUISVILLE; County of Jefferson; Bridge the Gap, Inc; and Commonwealth of Kentucky, Appellees.

Court of Appeals of Kentucky.

Reconsideration Denied August 13, 2004.

Discretionary Review Denied by Supreme Court January 12, 2005.

Attorney(s) appearing for the Case

Donald L. Cox, William H. Mooney, Lynch, Cox, Gilma & Mahan, P.S.C., Louisville, KY, for Appellant.

James R. Williamson, Bethany A. Breetz, Stites & Harbison PLLC, Louisville, KY, for Appellee City of Louisville.

Before GUIDUGLI, JOHNSON, and MINTON, Judges.

OPINION AND ORDER

MINTON, Judge.

This appeal arises following the condemnation of a bridge across the Ohio River, known as the Big Four Bridge. Martingale, LLC argues that the City of Louisville lacked the authority to condemn the bridge under principles of eminent domain, or in the alternative, that the condemnation was done improperly. Martingale attempted to enjoin the condemnation action through a separate suit in the federal

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