Published: October 04, 2008 06:11 pm         

County responds to lawsuit over road

Somerset — Time is on the side of Pulaski County in its latest legal battle, as officials can claim that too long of a delay could essentially render the plaintiff’s complaint null.

A lawsuit was filed by Danny Gibson of Bronston, claiming that the county has attempted to establish a county road on a portion of his property known as “Dave’s Lane” without going through the correct procedure.

In an answer to the suit Gibson filed on Sept. 4, County Attorney Bill Thompson said the complaint by Gibson does not state a claim to which relief can be granted.

Moreover, Thompson said, the county has several defenses in the matter, including the argument that too much time has passed since the alleged wrongdoing, and as a result of the delay, Gibson is no longer entitled to file a claim against the county. Thompson also said that since Gibson did not notice anything at the time the change occurred, there is no way the county can be accused of wrongdoing now.

Another defense would be that Gibson can’t change his view of the situation at this point, observed Thompson.

The county attorney noted in his answer to the initial complaint that “Dave’s Lane” has been in the county road system since May 23, 2000.

Thompson’s answer denies the claims made by Gibson that the county did not publish anything on the possibility of the road coming into the county system, and that the county road engineer and two other individuals did not file a report regarding the road. Additionally, no hearing was held about the road nor was any notice was given to Gibson about any possible hearing.

Thompson also denied that former Judge-executive Darrell BeShears, who was in office at the time, did not provide anything for the parties impacted to sign and that due process wasn’t followed.

Such a complaint would be barred, argued Thompson, because of a statute of limitations and sovereign immunity, where the government can’t be sued in its own counts.

Gibson’s suit claims the county’s actions in absorbing the road constitute 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.

Gibson’s suit asks 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.

The county, however, is asking that the complaint be dismissed or a trial by jury be held, all attorney fees and court costs paid for the county along with additional relief to which the county may be entitled.

     

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