Riley v. Commonwealth, Department of Highways

PALMORE, Judge.

Clifton Riley, one of several codefend-ants in a highway condemnation proceeding, appeals a judgment of the circuit court dismissing his appeal from county court because he failed to name some of his co-defendants as parties to the appeal. The contention of the state, in which the circuit court concurred, is that the codefend-ants were indispensable parties and that if they declined to join as appellants they should have been joined with the state as appellees.

The action originated in the Perry County Court under KRS 177.081 to 177.089. Clifton Riley, widower, Juanita Smith and…