HUNSAKER v. COM. DEPT. OF TRANSP., HIGHWAYS

No. 2005-SC-000974-DG.

239 S.W.3d 68 (2007)

Betty HUNSAKER and Peggy Greer, Appellants v. COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF HIGHWAYS, Appellee.

Supreme Court of Kentucky.

November 21, 2007.


Attorney(s) appearing for the Case

James W. Craft II, Whitesburg, KY, for Appellants.

Phillip Wicker, Elizabethtown, KY, for Appellee.


Opinion of the Court by Justice SCHRODER.

The issue in this condemnation case is the liability, if any, of a substituted party for the refund due to the Commonwealth, for an overpayment, pursuant to KRS 416.620. We agree with the Court of Appeals that a substituted party stands in the shoes of the original party, with the benefits as well as the detriments. Hence, we affirm.

This condemnation proceeding originated in the Letcher Circuit Court on October 20...

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