Commonwealth, Department of Highways v. Back

DAVIS, Commissioner.

This action originated as a property damage suit and has now assumed the characteristics of a “reverse condemnation.” The-litigation began when Carl and Ethel Back,, husband and wife, sued C. D. Juett Construction Company, asserting that Juett had caused substantial damage to their residence by reason of excessive blasting incident to the relocation of a public highway. After the suit had progressed awhile *708the defendant (to whom we shall refer as Juett) brought the Commonwealth of Kentucky, Department of Highways, into the action as a third party defendant. CR 14.01. The…