Schneider v. Watt

MILLIKEN, Judge. This is an appeal from a judgment dismissing the action when the appellant (plaintiff below) refused to plead further after a general demurrer had been sustained to its petition. The appellant had sought to recover damages from the individual members of the Kentucky National Park Commission (hereinafter called the Commission) because they allegedly exceeded their authority when they requested the Secretary of the Interior of the United States to institute condemnation proceedings against appellants property in a federal court, and which action was dismissed after appellant allegedly had incurred expenses amounting to $5,981.10 in preparing its case for a trial which never eventuated, because the United States dismissed the action when the Commission failed to have funds available for the payment of an award.