Commonwealth, Department of Highways v. Knight

Court of Appeals of Kentucky

Commonwealth, Department of Highways v. Knight

388 S.W.2d 120, 1965 Ky. LEXIS 411

DecidedMarch 12, 1965

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Commonwealth, Department of Highways v. Knight, 388 S.W.2d 120, 1965 Ky. LEXIS 411 (Ky. Ct. App. 1965).

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Opinion

PALMORE, Judge.

The highway department appeals from a $5,000 condemnation award to the appellee Dorothy Knight for about 10 acres taken from the back of her 47-acre farm in Larue County.

The case came to the Larue Circuit Court on the landowner’s appeal from a county court judgment in the amount of $2,260. Hence the amount in controversy here is $2,740, and the department’s appeal as a matter of right is technically proper. However, we note that none of its witnesses estimated the owner’s loss at less than $2,600, which means that the amount actually in controversy here is $2,400 at most. If the appeal were before us on a motion under KRS 21.080 we would overrule it. As it is, we have reviewed the record and find no error.

Judgment affirmed.

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PALMORE, Judge.

The highway department appeals from a $5,000 condemnation award to the appellee Dorothy Knight for about 10 acres taken from the back of her 47-acre farm in Larue County.

The case came to the Larue Circuit Court on the landowner’s appeal from a county court judgment in the amount of $2,260. Hence the amount in controversy here is $2,740, and the department’s appeal as a matter of right is technically proper. However, we note that none of its witnesses estimated the owner’s loss at less than $2,600, which means that the amount actually in controversy here is $2,400 at most. If the appeal were before us on a motion under KRS 21.080 we would overrule it. As it is, we have reviewed the record and find no error.

Judgment affirmed.

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388 S.W.2d 120, 1965 Ky. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-highways-v-knight-kyctapp-1965.

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