Commonwealth, Department of Highways v. Fireline

NEIKIRK, Justice.

In a condemnation proceeding, the Commonwealth of Kentucky, Department of Highways, obtained a judgment in the McLean County Court whereby the Commonwealth acquired title to 5.26 acres of land for a permanent right of way and .041 acres for a permanent easement, and the landowners were awarded $7,500. On July 11, 1967, the Commonwealth appealed the judgment to the McLean Circuit Court. The landowners did not appeal. The appeal by the Commonwealth to the circuit court remained dormant until March 7, 1970, at which time the Commonwealth filed a motion to set the case for trial…