Central Kentucky Drying Co. v. Commonwealth, Department of Housing, Buildings, & Construction

SPAIN, Justice.

This controversy involves successive appeals to the Marion Circuit Court, the Court of Appeals, and this Court pursuant to KRS 44.140 et seq., from administrative awards by the Board of Claims in the four consolidated claims. The issues before us concern whether set-offs against damages were properly allowed by the Board by reason of amounts paid by a settling joint tort-feasor, and whether the Board applied the correct measure of damages for the destruction of or a permanent injury to real estate.

The facts giving rise to the property damage claims are not really in dispute,…