Board of Regents of Western Kentucky University v. Clark

OPINION AND ORDER

The Board of Regents of Western Kentucky University (hereinafter WKU) has moved this Court pursuant to CR 65.09 to vacate a June 10, 2008 order of the Court of Appeals denying WKU’s request to dismiss Randall Bennett Clark’s appeal. The ultimate issue in this case is whether Clark, in appealing the trial court’s interlocutory judgment in a condemnation action awarding WKU possession of his property by eminent domain, must pursue interlocutory relief pursuant to CR 65.07, or whether he may proceed under the ordinary appellate process outlined in CR 73.02. Agreeing with Clark…