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COM., TRANSP. CABINET v. BLACKBURN

No. 2008-CA-001455-MR.

341 S.W.3d 121 (2010)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. Thomas BLACKBURN; Patricia Blackburn; and Lucille Blackburn, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 11, 2011.

Case Ordered Published by Supreme Court May 11, 2011.

Attorney(s) appearing for the Case

Andrew M. Stephens , Lexington, KY, for appellant.

Lawrence R. Webster , Pikeville, KY, for appellees.

Before ACREE, CAPERTON, and THOMPSON, Judges.

OPINION

THOMPSON, Judge:

The Department of Highways of the Commonwealth of Kentucky Transportation Cabinet appeals from a judgment of the Pike Circuit Court reversing its decision regarding replacement housing payments. For the reasons stated herein, we affirm in part, reverse in part, and remand.

On February 15, 1996, Thomas and Patricia Blackburn, owners of Parcel No. 119 on U.S. Highway 119 in Pikeville, were notified by the Cabinet of...

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