Commonwealth Department of Highways v. Hunt

Court of Appeals of Kentucky

Commonwealth Department of Highways v. Hunt

350 S.W.2d 700, 1961 Ky. LEXIS 126

DecidedJune 16, 1961

StatusPublished

This text of 350 S.W.2d 700 (Commonwealth Department of Highways v. Hunt) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth Department of Highways v. Hunt, 350 S.W.2d 700, 1961 Ky. LEXIS 126 (Ky. Ct. App. 1961).

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Opinion

CLAY, Commissioner.

This is an appeal by the Commonwealth in a condemnation case from an order of the circuit court dismissing its appeal from-a county court judgment which confirmed a Commissioners’ award of $44,000. In all pertinent respects the procedural questions involved are identical with those in the case of Commonwealth of Kentucky v. Utley, Ky, 350 S.W.2d 698. For the reasons stated in that opinion, the circuit court erroneously dismissed the Commonwealth’s appeal and it is entitled to a trial under the provisions of KRS 177.087.

The judgment is reversed for consistent proceedings.

PALMORE, Judge, not sitting.

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CLAY, Commissioner.

This is an appeal by the Commonwealth in a condemnation case from an order of the circuit court dismissing its appeal from-a county court judgment which confirmed a Commissioners’ award of $44,000. In all pertinent respects the procedural questions involved are identical with those in the case of Commonwealth of Kentucky v. Utley, Ky, 350 S.W.2d 698. For the reasons stated in that opinion, the circuit court erroneously dismissed the Commonwealth’s appeal and it is entitled to a trial under the provisions of KRS 177.087.

The judgment is reversed for consistent proceedings.

PALMORE, Judge, not sitting.

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Bluebook (online)

350 S.W.2d 700, 1961 Ky. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-highways-v-hunt-kyctapp-1961.

Opinion

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