Clark v. Board of Regents of Western Kentucky University

OPINION

VANMETER, Judge.

Appellants (“the Clarks”) appeal from a judgment entered by the Warren Circuit Court upholding the power of the Board of Regents of Western Kentucky University (‘WKU”) to condemn certain property of the Clarks for the purpose of constructing an educational facility thereon to house WKU’s College of Education and Behavioral Sciences (“CEBS”). 2 For the following reasons, we affirm.

Prior to entering its judgment, the trial court conducted a hearing to determine whether WKU had the right to take the Clarks’ property by eminent domain. The record reflects that WKU planned…