Corns v. Transportation Cabinet, Dept. of Highways, Com. of Ky., Nos. 89-SC-452-M

CourtUnited States State Supreme Court (Kentucky)
Writing for the CourtJOHN STANLEY HOFFMAN; All concur, except REYNOLDS; All sitting, except REYNOLDS
Citation814 S.W.2d 574
PartiesRay CORNS, Judge, Franklin Circuit Court; Robert C. Yount, Margaret R. Yount, Henrietta Yount Penn, Bradley Yount, Kay W. Yount, Cassie Yount Watson, Charles E. Watson, James L. Yount, Thelma W. Yount, Ethel Yount McCray, William D. Yount, Christine M. Yount, Billy Meade, Arthur E. Beard, Rodney R. Ratliff, Frankfort Rock, Inc. (Real Parties in Interest), Appellants, v. TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH of KENTUCKY, Appellee. TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH of KENTUCKY, Movant, v. Robert C. YOUNT, Margaret R. Yount, Henrietta Yount Penn, Bradley Yount, Kay W. Yount, Cassie Yount Watson, Charles E. Watson, James L. Yount, Thelma W. Yount, Ethel Yount McCray, William D. Yount, Christine M. Yount, Billy Meade, Arthur E. Beard, Rodney R. Ratliff, Frankfort Rock, Inc., Respondents.
Decision Date29 August 1991
Docket Number89-SC-582-DG,Nos. 89-SC-452-M

Page 574

814 S.W.2d 574
Ray CORNS, Judge, Franklin Circuit Court; Robert C. Yount,
Margaret R. Yount, Henrietta Yount Penn, Bradley Yount, Kay
W. Yount, Cassie Yount Watson, Charles E. Watson, James L.
Yount, Thelma W. Yount, Ethel Yount McCray, William D.
Yount, Christine M. Yount, Billy Meade, Arthur E. Beard,
Rodney R. Ratliff, Frankfort Rock, Inc. (Real Parties in
Interest), Appellants,
v.
TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH
of KENTUCKY, Appellee.
TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH
of KENTUCKY, Movant,
v.
Robert C. YOUNT, Margaret R. Yount, Henrietta Yount Penn,
Bradley Yount, Kay W. Yount, Cassie Yount Watson, Charles E.
Watson, James L. Yount, Thelma W. Yount, Ethel Yount McCray,
William D. Yount, Christine M. Yount, Billy Meade, Arthur E.
Beard, Rodney R. Ratliff, Frankfort Rock, Inc., Respondents.
Nos. 89-SC-452-MR, 89-SC-582-DG.
Supreme Court of Kentucky.
Aug. 29, 1991.

Page 575

Ray Corns, Circuit Court, Div. One, James Dean Liebman, Liebman & Liebman, Frankfort, for appellants/respondents.

Michael L. Judy, Richard M. Guarnieri, Stoll, Keenon & Park, Frankfort, for real parties in interest Billy Meade, Arthur E. Beard, Rodney R. Ratliff, Frankfort Rock, Inc.

Frank F. Chuppe, Jr., Sheryl G. Snyder, Janice S. Jacobs, Holiday Hopkins Thacker, Wyatt, Tarrant & Combs, Louisville, for appellee/movant.

OPINION OF THE COURT

JOHN STANLEY HOFFMAN, Special Justice.

We are called upon to decide whether or not the Court of Appeals abused its discretion by granting a writ of prohibition in a highway condemnation case prohibiting the Franklin Circuit Court Judge, Hon. Ray Corns, ("the respondent Judge") from enforcing an order requiring the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, ("the Commonwealth") to deposit with the circuit court clerk, to the credit of those whose land was being condemned, $10,516,217.00 found by a special court-appointed mineral appraiser to be the value of underlying minerals. Also, before us is the question of the dismissal of the Court of Appeals of the Commonwealth's appeal of such order on the ground that it was not final and appealable.

On March 28, 1986, the Commonwealth initiated a condemnation action in Franklin Circuit Court to condemn some 10.2 acres of land in Franklin County, either owned by or in which Robert C. Yount, Margaret R. Yount, Henrietta Yount Penn, Bradley Yount, Cassie Yount Watson, Charles E. Watson, James L. Yount, Thelma W. Yount, Ethel Yount McCray, William D. Yount, Christine M. Yount, Billy Meade, Arthur E. Beard, Rodney R. Ratliff, and Frankfort Rock, Inc., ("the landowners"), had an ownership interest. Commissioners appointed by the respondent Judge appraised the property sought to be taken by the proceedings and filed their report with court awarding the landowners the sum of $112,400.00.

Page 576

On September 9, 1986, the circuit court entered an interlocutory order and judgment finding the commissioners' report to be in the prescribed statutory form and ordering that the Commonwealth might take possession of the subject property by paying the amount of the commissioners' award, $112,400.00 to the clerk of the court. That same day, the Commonwealth deposited the $112,400.00 with the clerk and took possession of the property.

After the Commonwealth had paid the amount of the commissioners' award and had taken possession of the subject property, the landowners moved to have the circuit court vacate its interlocutory order and judgment on the grounds that the commissioners' award did not take into account the value of the underlying minerals. The respondent Judge overruled the motion to vacate but appointed one Edmund Nosow to appraise the underlying minerals and directed that Mr. Nosow's mineral appraisal report "be filed as a part of the total appraised value of the properties." Mr. Nosow reported to the court that the highest and best use of the subject property was as a limestone quarry and that as a consequence of its taking by the Commonwealth, the landowners had lost profits from the sale of limestone totaling $10,516,217.00.

After the Nosow report was filed, the circuit court entered an agreed order directing that it be submitted to the commissioners for their consideration "in supplementing their previous appraisal accordingly...." The order also directed that the commissioners "tender to the Court a final Commissioner's Award taking into account the value of the entirety of the property taken...." The agreed order provided for the filing of exceptions to the "final"...

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9 practice notes
  • Hoskins v. Maricle, No. 2002-SC-0579-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • August 26, 2004
    ...Coal Co., Inc. v. Maricle, Ky., 5 S.W.3d 130, 133 (1999), Petrey v. Cain, Ky., 987 S.W.2d 786, 788 (1999), Coms v. Transp. Cabinet, Ky., 814 S.W.2d 574, 578 (1991), and Wood v. Graham, Ky., 633 S.W.2d 404, 406 (1982), none of which imposed or recited the "inadequate remedy" requir......
  • Hoskins v. Maricle, No. 2002-SC-0579-MR (KY 12/16/2004), No. 2002-SC-0579-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • December 16, 2004
    ...Coal Co., Inc. v. Maricle, Ky., 5 S.W.3d 130, 133 (1999), Petrey v. Cain, Ky., 987 S.W.2d 786, 788 (1999), Corns v. Transp. Cabinet, Ky., 814 S.W.2d 574, 578 (1991), and Wood v. Graham, Ky., 633 S.W.2d 404, 406 (1982), none of which imposed or recited the "inadequate remedy" requi......
  • Shamrock Coal Co., Inc. v. Maricle, 98-SC-0664-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 18, 1999
    ...Circuit Court has no subject matter jurisdiction over this case and the writ is appropriate. See Corns v. Transportation Cabinet, Ky., 814 S.W.2d 574, 578 Page 134 CONSTITUTIONALITY OF THE "PRESUMPTIVE ACCEPTANCE" PROVISION This Court specifically upheld the constitutionality of t......
  • Finn v. Com., No. 2008-SC-000749-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • May 20, 2010
    ...under these circumstances may be inconsistent with the rationale of the statutory scheme of narcotics control."). But see Shivley, 814 S.W.2d at 574 (rejecting "usable amount" approach because "we view this statute as an exercise of the police power in the area of public......
  • Request a trial to view additional results
9 cases
  • Hoskins v. Maricle, No. 2002-SC-0579-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • August 26, 2004
    ...Coal Co., Inc. v. Maricle, Ky., 5 S.W.3d 130, 133 (1999), Petrey v. Cain, Ky., 987 S.W.2d 786, 788 (1999), Coms v. Transp. Cabinet, Ky., 814 S.W.2d 574, 578 (1991), and Wood v. Graham, Ky., 633 S.W.2d 404, 406 (1982), none of which imposed or recited the "inadequate remedy" requir......
  • Hoskins v. Maricle, No. 2002-SC-0579-MR (KY 12/16/2004), No. 2002-SC-0579-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • December 16, 2004
    ...Coal Co., Inc. v. Maricle, Ky., 5 S.W.3d 130, 133 (1999), Petrey v. Cain, Ky., 987 S.W.2d 786, 788 (1999), Corns v. Transp. Cabinet, Ky., 814 S.W.2d 574, 578 (1991), and Wood v. Graham, Ky., 633 S.W.2d 404, 406 (1982), none of which imposed or recited the "inadequate remedy" requi......
  • Shamrock Coal Co., Inc. v. Maricle, 98-SC-0664-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 18, 1999
    ...Circuit Court has no subject matter jurisdiction over this case and the writ is appropriate. See Corns v. Transportation Cabinet, Ky., 814 S.W.2d 574, 578 Page 134 CONSTITUTIONALITY OF THE "PRESUMPTIVE ACCEPTANCE" PROVISION This Court specifically upheld the constitutionality of t......
  • Finn v. Com., No. 2008-SC-000749-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • May 20, 2010
    ...under these circumstances may be inconsistent with the rationale of the statutory scheme of narcotics control."). But see Shivley, 814 S.W.2d at 574 (rejecting "usable amount" approach because "we view this statute as an exercise of the police power in the area of public......
  • Request a trial to view additional results

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