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BIANCHI v. CITY OF HARLAN

No. 2006-SC-000895-DG.

274 S.W.3d 368 (2008)

John BIANCHI, D.M.D., and wife, Sandy Bianchi; Bianchi Real Estate Limited Parnership; and Lewis Bianchi in his capacity as General Partner, Bianchi Real Estate Limited Partnership, Appellants, v. CITY OF HARLAN, a Fourth Class City; and City of Harlan Tourist and Convention Commission, an agency of the City of Harlan, Appellees.

Supreme Court of Kentucky.

Rehearing Denied February 19, 2009.

Attorney(s) appearing for the Case

Rodney E. Buttermore, Jr., Buttermore & Boggs, Harlan, KY, Counsel for Appellants.

Susan C. Lawson, Lawson & Lawson, PSC, Harlan, KY, Counsel for Appellees.

Opinion of the Court by Justice ABRAMSON.

In this condemnation action, we granted the landowners' petition for discretionary review to consider whether they are entitled to additional compensation under the "unity rule" for alleged damages to property that adjoins or is in close proximity to the property condemned. Agreeing with the Court of Appeals that the unity rule does not apply, we affirm.

RELEVANT FACTS

In February and March 2001, the...

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