Fiscal Court hit with two lawsuits

Local News

September 18, 2008

Legality of roads being taken into county system is questioned

By SUSAN WHEELDON, CJ Staff Writer The Commonwealth Journal Thu Sep 18, 2008, 12:45 AM EDT

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.

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Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

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