Commonwealth, Department of Highways v. Miller

WILLIAMS, Judge.

In this highway condemnation action the property owners were allowed $1385 in county court as compensation for the taking of their property. They appealed to the dircuit court where a jury awarded them $3500. The Commonwealth now attempts an appeal to this Court.

Appeals to the Court of Appeals may not be' taken as a matter of right in civil cases where the amount in controversy is less than $2500. KRS 21.060. Where the amount is as much as $200 but less than $2500 a party may appeal only by filing a motion for an appeal in the Court of Appeals. KRS 21.080.

The Commonwealth…