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.
Local News
County responds to lawsuit over road
- Local News
-
-
Hal Rogers defends Somerset’s Streetscape project
-
Survey may attract commercial passenger service
-
Somerset on verge of becoming natural gas hub
It sounds like a Buck Rogers fiction series, but it’s true. The city of Somerset is about to become the energy hub of Kentucky, maybe even regionally or nationally.
Somerset Mayor Eddie Girdler, gas company manager Dan Henderson and city engineer Reggie Chaney discussed the grandiose energy network this week with a reporter for the Commonwealth Journal. It’s more than a vision. City officials say it’s about to become reality. -
Old districts are back ... for now
The more things change, the more they stay the same. Such is the legislative redistricting debacle in Frankfort.
Judge Phillip Shepherd in Franklin Circuit Court on Tuesday tossed out the General Assembly’s controversial redistricting plans and reverted everything back to where it was before. -
Fast-moving blaze guts mobile home off Slate Branch Road
-
Big Bang Theory
Pulaski County is not at war. The booming you may hear at dusk is mock cannon fire to scare away birds.
Stuart Spillman, environmental director for the Lake Cumberland Health Department, said at least three cannons are on loan from the department to residents who want to scare away swarms of starlings and blackbirds settling in to roost.
He said a cannon is being used by a resident on Laura Lane off Ky. 39; another is in the Oak Hill Road area and a third is on Ashurst Street in the eastern part of Somerset.
Spillman said a timer on each cannon allows it to “fire” at whatever frequency is desired. The cannons must be used as the birds circle before going to roost. “After they settle in, nothing will chase them out,” Spillman said.
The Health Department doesn’t operate the cannons unless there is a specific complaint in an area where there are lots of birds, Spillman noted. He said so far this year the birds are not as bad as in the past. -
Boil water advisory is lifted countywide
The water controversy that Pulaski County has been boiling over — so to speak — for the last week is finally over.
At 10 minutes after noon Wednesday, the “boil water” advisory for the Western Pulaski Water District was lifted — almost a full week after the problems began around 1 p.m. last Thursday.
Prior to that, the Somerset Water Service — along with the other water providers in its system, including Science Hill Water, Southeastern Water, and Eubank Water — lifted their advisories, with Somerset on Saturday afternoon and the last, Southeastern, by Monday morning. Western Pulaski was the last in the system to complete sample testing for potential contaminants, due to not being able to access its Pikeville-based testing lab until Monday.
Somerset Mayor Eddie Girdler thanked the public for its patience and understanding during the duration of the boil water advisory — put in place to keep citizens from drinking water that could have been contaminated after an accident last Thursday at the water plant site — and also thanked all the city employees for their hard work during this time.
“The boil water advisory went about as well as would be expected,” said Girdler.
-
SCS to host Medal of Honor recipient
The message is clear: There are heroes. Even here in our own hometowns.
That’s the idea organizers hope to get across Saturday night at Somerset Christian School, when Congressional Medal of Honor winner Sgt. Dakota Meter speaks to all who choose to attend.
For further questions, ticket purchases, and sponsorship opportunities please contact Susan Adams at (606) 875-0255. -
Newspaper veteran name Publisher of Commonwealth Journal
SOMERSET — A fourth generation newspaperman has been named publisher of the Commonwealth Journal.
Rob McCullough, 50, who started working in a newspaper mailroom when he was 15, officially assumes his duties today. He succeeds Jack McNeely who has accepted a position with the Daily Mountain Eagle in Jasper, Alabama.
-
Blakley receives worldwide honor
- More Local News Headlines
-
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
Homs Bombardment Continues, Global Outcry Grows
Raw Video: Dog Rescued From Icy Colo. Water
Skip the Coffee Cup and Inhale Your Caffeine Fix
