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COMMONWEALTH, DEPT. OF HIGHWAYS v. QUALITY OIL CO.

452 S.W.2d 397 (1970)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. QUALITY OIL COMPANY, Inc., et al., Appellees.

Court of Appeals of Kentucky.

March 27, 1970.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Hugh J. Convery, Madisonville, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.

DAVIS, Commissioner.

The Department of Highways condemned a lot owned by appellees near the southern boundary of Henderson on U. S. Highway 41. The jury fixed the value of the property, all of which was taken, at $85,000. The Department has appealed, asserting that the verdict is palpably excessive and not supported by evidence of sufficient probative value.

The lot had frontage of 270 feet on U. S. Highway 41; its rear boundary line was 220 feet, and its...

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