Legal Opinion

Bernard v. Russell County Air Board

Court of Appeals of Kentucky

Decided December 11, 1987No. 87-CA-2-MRPublishedCited by 3 opinions

1Opinion of the Court

COMBS, Judge.

The sole issue presented by this appeal is whether the trial court abused its discretion by not awarding attorney’s fees to appellants after their successful defense against a condemnation proceeding brought by appellee.

The judicial history of this controversy is long and eventful. The Russell County Air Board [Air Board] began its attempt to condemn the property of Lester and Laco-na Bernard in 1982. The Bernards opposed the prospective condemnation, resisting even a survey of their land. However, they offered the Air Board some of their land, apparently as a gift, if it would…

2Cases cited3 opinions

  1. Commonwealth, Department of Transportation, Bureau of Highways v. KnieriemKentucky Supreme Court · 1986
  2. Northern Kentucky Port Authority, Inc. v. CornettKentucky Supreme Court · 1985
  3. Bernard v. Russell County Air BoardKentucky Supreme Court · 1986

3Cited by3 opinions

  1. Hutson v. CommonwealthCourt of Appeals of Kentucky · 2006
  2. Golden Foods, Inc. v. Louisville & Jefferson County Metropolitan Sewer DistrictCourt of Appeals of Kentucky · 2007
  3. Santa Escolastica, Inc. v. PavlovskyDistrict Court, E.D. Kentucky · 2011

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