Commonwealth, Department of Highways v. Siler

STEINFELD, Chief Justice.

In condemnation proceedings in the Bell County Court it was ordered on October 7, 1968, that the landowners be awarded $20,000, the amount fixed by the commissioners, for the taking of the subject property, a tract of land on which was located a restaurant. The condemnor, the Kentucky Department of Highways, and the landowners appealed to the circuit court where the case was tried before a jury, which returned a verdict for $25,000. From the judgment entered on September 18, 1969, for that amount the Highway Department appeals. We reverse.

Appellees did not file a…