Burchett v. Commonwealth, Department of Highways

MONTGOMERY, Judge.

The Commonwealth of Kentucky, Department of Highways, filed condemnation actions against Rosie Burchett et al. and Maggie Bingham et al., respectively. The actions have been considered together. In the county and circuit courts appellants were successful in contesting appellee’s right to condemn. In Commonwealth Dept. *742of Highways v. Burchett, Ky., 367 S.W.2d 262, the Department’s right to condemn was sustained. Upon issuance of the mandate similar orders on the same day were entered which adjudged the right to condemn, and concluded with the following:

“In accordance with KRS…