Legal Opinion

Hunsaker v. Commonwealth, Department of Transportation

Kentucky Supreme Court

Decided November 21, 2007No. 2005-SC-000974-DGPublished

1Opinion of the Court

239 S.W.3d 68 (2007)

Betty HUNSAKER and Peggy Greer, Appellants

v.

COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF HIGHWAYS, Appellee.

No. 2005-SC-000974-DG.

Supreme Court of Kentucky.

November 21, 2007.

James W. Craft II, Whitesburg, KY, for Appellants.

Phillip Wicker, Elizabethtown, KY, for Appellee.

Opinion of the Court by Justice SCHRODER.

The issue in this condemnation case is the liability, if any, of a substituted party for the refund due to the Commonwealth, for an overpayment, pursuant to KRS 416.620. We agree with the Court of Appeals that a substituted party stands in…

Also in this document: Dissent.

2Cases cited20 opinions

  1. Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
  2. Danforth v. United StatesSupreme Court of the United States · 1939
  3. Commonwealth, Department of Highways v. PriestCourt of Appeals of Kentucky (pre-1976) · 1965
  4. Stickley v. Chesapeake & Ohio RailroadCourt of Appeals of Kentucky · 1892
  5. Works v. WinkleCourt of Appeals of Kentucky · 1950

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