Legal Opinion

Bader v. Jefferson County

Court of Appeals of Kentucky (pre-1976)

Decided May 10, 1938PublishedCited by 8 opinions

1Opinion of the Court

Opinion op the Court by

Stanley, Commissioner

Affirming.

The question is whether a county must compensate an abutting landowner where the State Highway Commission lowered the grade of a road and thereby merely impeded his ingress and egress, without taking any of his land or causing other resulting injury.

The plaintiff owned a 53-foot lot in Prospect, an unincorporated village in Jefferson county, extending back from the center line of the River Road, also known as United States Highway No. 42. It is alleged in the petition against Jefferson county, to which a demurrer was sustained:

“Plaintiffs…

2Cases cited7 opinions

  1. Layman v. BeelerCourt of Appeals of Kentucky · 1902
  2. City of Ashland v. QueenCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Cranley v. Boyd CountyCourt of Appeals of Kentucky (pre-1976) · 1936
  4. Breathitt County v. HudsonCourt of Appeals of Kentucky (pre-1976) · 1936
  5. Fallis v. Mercer CountyCourt of Appeals of Kentucky (pre-1976) · 1930

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Stathers v. Garrard County Board of EducationCourt of Appeals of Kentucky · 2012
  2. Commonwealth v. TateCourt of Appeals of Kentucky (pre-1976) · 1944
  3. Commonwealth, Department of Highways v. ThackerCourt of Appeals of Kentucky · 1964
  4. Hopkins County v. RodgersCourt of Appeals of Kentucky (pre-1976) · 1938
  5. Department of Highways v. CurrentCourt of Appeals of Kentucky (pre-1976) · 1944

3 more not listed; retrieve them via the Exa API.

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