Commonwealth, Department of Highways v. Vandertoll

STEWART, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court holding appellant, Commonwealth of Kentucky, Department of Highways, had no authority to condemn a certain parcel of land belonging to appel-lees, John J. Vandertoll and his wife, Mar-teyna, because, as found by the trial court: “No reasonable necessity is shown by appellant for the taking of land in excess of that shown on the maps of appellant for the requirements of the highway itself, and therefore, such taking constitutes an abuse of discretion.”

The property, consisting of 25 to 30 acres, is located on the…