Legal Opinion

Commonwealth, Department of Highways v. S & M Land Co.

Court of Appeals of Kentucky (pre-1976)

Decided October 6, 1972PublishedCited by 11 opinions

1Opinion of the Court

CATINNA, Commissioner.

S & M Land Company is owner and developer of the Stonewall Estates Subdivision in Fayette County. In 1966 it was in the process of developing a tract of 25 acres adjoining the Clays Mill Road on the east and the Zantker farm on the north.

On April 4, 1966, S & M conveyed to the Department of Highways a 1.9-acre tract out of the northeast corner of the 25-acre tract where it adjoined the Clays Mill Road to be used in the construction of the New Circle Road. The road was constructed on a fill along the entire south side of the 1.9-acre tract. Natural drainage is from north…

2Cases cited6 opinions

  1. Commonwealth, Department of Highways v. StockerCourt of Appeals of Kentucky (pre-1976) · 1968
  2. Klutey v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1968
  3. Blue Grass Restaurant Company v. FranklinCourt of Appeals of Kentucky (pre-1976) · 1968
  4. Commonwealth, Department of Highways v. WynnCourt of Appeals of Kentucky (pre-1976) · 1965
  5. Commonwealth, Department of Highways v. BairdCourt of Appeals of Kentucky (pre-1976) · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. DeetzWisconsin Supreme Court · 1974
  2. Pendergrast v. AikenSupreme Court of North Carolina · 1977
  3. Rogers v. KasdanKentucky Supreme Court · 1981
  4. Transportation Cabinet, Bureau of Highways, Commonwealth v. LeneaveCourt of Appeals of Kentucky · 1988
  5. Chudzinski v. City of SylvaniaOhio Court of Appeals · 1976

6 more not listed; retrieve them via the Exa API.

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