Published: September 18, 2008 12:45 am      

Fiscal Court hit with two lawsuits

Legality of roads being taken into county system is questioned

Two lawsuits have been filed against Pulaski Fiscal Court regarding disputes over whether two roads legally belong to the county.

The first suit was filed by Danny Gibson of Bronston, while the second was filed by Ronnie and Grace Cary of Bowling Green, Ky.

Gibson’s lawsuit, which was filed by Somerset attorney Bruce Orwin on Sept. 4, 2008, says Pulaski County has attempted to establish a county road on a portion of his property. He claims they did this without going through the correct procedure.

The piece of property, which is designated as “Dave’s Lane,” is 300 feet long and 30 feet wide.

The suit claims the county did not publish anything on the possibility of the road becoming a county road. It also states that the county road engineer and two other people did not file a report regarding the road, no hearing was held about the road and no notice was given to Gibson about any possible hearing.

Also, former Judge-executive Darrell BeShears did not provide anything for the parties impacted to sign, the suit says.

The suit claims the county taking the road in as a county roadway constitutes taking Gibson’s property without due process of law and that Gibson is suffering and will continue to suffer immediate and irreparable injury, loss and damage by the county’s unlawful establishment of the county road known as Dave’s Lane.

Gibson and Orwin ask that an injunction be issued which would stop the county from having a road known as “Dave’s Lane.” The suit seeks compensation for damages Gibson has suffered including damages in excess of the minimum of the Pulaski Circuit Court, as well as attorney’s fees and cost.

Meanwhile, the Carys own 35 acres of property located on a drive sometimes referred to as Taylor Cemetery Road, the suit says, and they are filing the suit because there is a controversy as to the status of Taylor Cemetery Road.

The suit, filed by attorney Matthew Baker of Bowling Green, claims that the Pulaski County Fiscal Court is required to adopt an ordinance or resolution to have Taylor Cemetery Road brought into the road system, and because of Kentucky Law, requirements are supposed to be published by the county road engineer, and any ordinance which didn’t follow the requirements is void.

It also claims the county did not comply with Kentucky Revised Statutes to accept the road into the county and because of this, it is not a county road.

The Carys are asking that:

• the ordinance by the Pulaski County Fiscal Court relating to Taylor Cemetery Road be declared void for the lack of statutory compliance;

• the property be declared a private drive;

• the Carys get back any money they had to spend;

• a trial by jury on all issues that can be heard be held; and

• any other relief they may be entitled to be awarded.

According to records in Pulaski County Judge-executive Barty Bullock’s office, Dave’s Lane was taken into the county road system on May 23, 2000, while Taylor Cemetery Road was taken into the system on Sept. 11, 2001.