Legal Opinion

Gibson v. Commonwealth, Transportation Cabinet, Department of Highways

Court of Appeals of Kentucky

Decided August 18, 1989No. 88-CA-1990-SPublishedCited by 4 opinions

1Opinion of the Court

ELSWICK, Judge:

Appellants own a five story building in Ashland located on the corner of Winchester and 13th Street. The first three floors of the building are used as a retail furniture store, the top two floors being reserved for warehouse space.

For many years it was customary for trucks to stop and unload on 13th Street where appellants’ freight entrance and freight elevator were located. In 1986, however, 13th Street was reduced in width from approximately fifty-six feet to approximately sixteen feet due to the construction of a bridge linking Kentucky and the State of Ohio.

After the…

2Cases cited5 opinions

  1. Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Commonwealth, Department of Highways v. CarlisleCourt of Appeals of Kentucky (pre-1976) · 1962
  3. Commonwealth, Department of Highways v. ClaypoolCourt of Appeals of Kentucky (pre-1976) · 1966
  4. Commonwealth, Department of Highways v. CammackCourt of Appeals of Kentucky (pre-1976) · 1966
  5. Commonwealth, Department of Highways v. JentCourt of Appeals of Kentucky · 1975

3Cited by4 opinions

  1. City of Louisville v. Louisville Scrap Material Co.Kentucky Supreme Court · 1996
  2. Rieke v. City of LouisvilleCourt of Appeals of Kentucky · 1991
  3. Field & Main Bank, Inc. F/K/A Ohio Valley Financial Group, Inc., Successor by Merger and F/K/A Ohio Valley Bank, Inc., Successor by Conversion to Ohio Valley National Bank of Henderson v. Commonwealth of Kentucky, Transportation Cabinet, Department of HighwaysCourt of Appeals of Kentucky · 2026
  4. Smith v. CSX Transporation, Inc.District Court, E.D. Kentucky · 2022

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