County responds to lawsuit over road

Local News

October 4, 2008

By SUSAN WHEELDON, Staff Writer The Commonwealth Journal Sat Oct 04, 2008, 06:12 PM EDT

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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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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