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CLARK v. BD. REGENTS W. KY. UNIVERSITY

No. 2008-CA-000599-MR.

311 S.W.3d 726 (2010)

Randall Bennett CLARK; Sally C. Tapscott; John Tapscott; Keith Branson Clark; Kristia Clark; Susan Dobrusin; Rob Dobrusin; Jean Clark Houghton; Dan Houghton; Howard Brown Clark, Jr.; and Tami Clark, Appellants, v. BOARD OF REGENTS OF WESTERN KENTUCKY UNIVERSITY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 9, 2010.

Attorney(s) appearing for the Case

David F. Broderick, Christopher T. Davenport, Bowling Green, KY, for appellants.

Greg N. Stivers, Scott D. Laufenberg, Bowling Green, KY, for appellee.

Before LAMBERT and VANMETER, Judges; HENRY, Senior Judge.

OPINION

VANMETER, Judge.

Appellants ("the Clarks") appeal from a judgment entered by the Warren Circuit Court upholding the power of the Board of Regents of Western Kentucky University ("WKU") to condemn certain property of the Clarks for the purpose of constructing an educational facility thereon to house WKU's College of Education and Behavioral Sciences ("CEBS").2 For the following reasons, we affirm.

Prior...

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