Hagan v. Commonwealth, Transportation Cabinet

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In this eminent domain action challenging the just compensation paid for property to be taken, the Supreme Court reversed the order of the court of appeals dismissing this appeal for failure to name an indispensable party, holding that Riley v. Department of Highways, 375 S.W.2d 245 (Ky. 1963), remains sound and applicable to the circumstances before the Court in this case. The court of appeals dismissed this appeal because the notice of appeal failed to include the name of Edward Gravell, the husband of one of Appellants, a tenant-in-common owning the property. The court of appeals reasoned that Edward’s interest, an inchoate right, would be affected by the appellate court’s decision, and thus, he was an indispensable party. The Supreme Court reversed, holding (1) the court of appeals’s decision was contrary to applicable precedent in Riley; and (2) Edward was not an indispensable party at this stage of the proceeding. View "Hagan v. Commonwealth, Transportation Cabinet" on Justia Law