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COM. v. HARDIN PLANNING & DEV. COM'N

Nos. 2011-CA-001553-MR, 2011-CA-001632-MR.

390 S.W.3d 840 (2012)

COMMONWEALTH of Kentucky, UNINSURED EMPLOYERS' FUND, Appellant v. COUNTY OF HARDIN PLANNING AND DEVELOPMENT COMMISSION; Poplar Brook Development, LLC.; First Federal Savings Bank of Elizabethtown, Inc.; and Glenn and Sandra Turner, Appellees. and Poplar Brook Development, LLC., Cross-Appellant v. Commonwealth of Kentucky, Uninsured Employers Fund, Cross-Appellee.

Court of Appeals of Kentucky.

November 9, 2012.

Attorney(s) appearing for the Case

C.D. Batson , Assistant Attorney General, Uninsured Employers' Fund, Frankfort, KY, for appellant/cross-appellee.

Matthew C. Hess , Elizabethtown, KY, for appellee/cross-appellant Poplar Brook Development, LLC.

Before DIXON, MOORE and THOMPSON, Judges.

OPINION

DIXON, Judge:

Appellant, the Uninsured Employer's Fund ("UEF"), appeals from a judgment of the Hardin Circuit Court awarding damages to Appellee, Poplar Brook Development, LLC, for a reverse taking of real property resulting from an invalid lien. Poplar Brook has filed a cross-appeal on the issue of jury instructions. Finding no error, we affirm the trial court.

This case has a long and tortured history. In September 2006, Hardin County...

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