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LOUISVILLE JEF. CTY MET. SEWER v. BISCHOFF

No. 2006-SC-000058-DG.

248 S.W.3d 533 (2007)

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Appellant, v. Raymond Charles BISCHOFF, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 24, 2008.

Attorney(s) appearing for the Case

Laurence Zieike, John H. Dwyer, Jr., James Hays Lawson, Pedley Zieike Gordinier & Pence, PLLC, Louisville, KY, Counsel for Appellant.

Raymond Charles Bischoff, Louisville, KY, pro se.

Opinion of the Court by Justice MINTON.

The Louisville and Jefferson County Metropolitan Sewer District (MSD) challenges a decision of the Court of Appeals that held that (1) both Section 242 of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 416.620 require an affirmative waiver of a jury trial in eminent domain proceedings and (2) failure to make a timely demand under the Kentucky Rules of Civil Procedure...

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