Mother of God Cemetery Ass'n v. Commonwealth, Transportation Cabinet, Department of Highways

LESTER, Judge.

The Mother of God Cemetery Association and Bishop William Hughes as trustee for the cemetery appeal from an interlocutory order and judgment entered August 11, 1987, finding that the Department of Highways has the right to take certain property belonging to the cemetery by eminent domain, and an order entered August 11, 1987, which determined that:

Section 2(a) of the Charter of the Defendant Cemetery Association as it purports to exempt certain property from appropriation by the sovereign by power of eminent domain is invalid. However, regardless of the validity of such…