John Hurst v. Commonwealth of Kentucky

CourtCourt of Appeals of Kentucky
DecidedAugust 8, 2025
Docket2022-CA-0693
StatusUnpublished

This text of John Hurst v. Commonwealth of Kentucky (John Hurst v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Hurst v. Commonwealth of Kentucky, (Ky. Ct. App. 2025).

Opinion

RENDERED: AUGUST 8, 2025; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2022-CA-0693-DG

JOHN HURST APPELLANT

ON DISCRETIONARY REVIEW v. FROM NELSON CIRCUIT COURT HONORABLE CHARLES C. SIMMS, III, JUDGE ACTION NO. 22-XX-00001

COMMONWEALTH OF KENTUCKY APPELLEE

AND

NO. 2022-CA-1273-DG

COMMONWEALTH OF KENTUCKY CROSS-APPELLANT

ON CROSS-REVIEW FROM NELSON CIRCUIT COURT v. HONORABLE CHARLES C. SIMMS, III, JUDGE ACTION NO. 22-XX-00001

JOHN HURST CROSS-APPELLEE OPINION AFFIRMING APPEAL NO. 2022-CA-0693-DG; REVERSING AND REMANDING CROSS-APPEAL NO. 2022-CA-1273-DG

** ** ** ** **

BEFORE: THOMPSON, CHIEF JUDGE; ACREE AND L. JONES, JUDGES.

JONES, L., JUDGE: This Court granted motions for discretionary review sought

by John Hurst (Appeal No. 2022-CA-0693-DG) and by the Commonwealth

(Cross-Appeal No. 2022-CA-1273-DG). Both parties are seeking review of a May

19, 2022 Opinion and Order of the Nelson Circuit Court (Circuit Court) that

affirmed the judgment of the Nelson District Court (District Court) (Action Nos.

08-M-0634 and 08-M-0635)1 as to Hurst’s conviction for violating a Nelson

County (County) ordinance that prohibited placement of a waterline in the

County’s right-of-way without an encroachment permit and reversed the District

Court’s judgment as to Hurst’s conviction for violating the same ordinance for

placement of a fence line. We affirm Appeal No. 2022-CA-0693-DG and we

reverse and remand Cross-Appeal No. 2022-CA-1273-DG.

1 By order entered May 19, 2020, the Nelson Circuit Court ordered the Nelson Circuit Clerk to consolidate Action Nos. 08-M-0634 and 08-M-0635, with 08-M-0635 being the surviving case. However, up to the date of entry of the order consolidating, the clerk maintained separate files which were provided to the Court.

-2- Hurst asserts the Circuit Court erroneously affirmed the District

Court’s judgment adjudicating that he violated a county ordinance by placing a

waterline in the County’s right-of-way without an encroachment permit. The

Commonwealth, on the other hand, asserts the Circuit Court erred by reversing the

District Court’s judgment adjudicating that Hurst violated the same county

ordinance by placing a fence line in the County’s right-of-way without an

encroachment permit. We affirm the Circuit Court’s May 19, 2022 Opinion and

Order affirming the District Court’s judgment adjudicating that Hurst violated the

county ordinance by placing the waterline in the County’s right-of-way without an

encroachment permit. We reverse the Circuit Court’s May 19, 2022 Opinion and

Order reversing the District Court’s judgment adjudicating that Hurst had also

violated the county ordinance as to the fence line, and we remand for the Circuit

Court to reinstate the judgment of the District Court adjudicating Hurst guilty of

violating the ordinance for placing both the waterline and the fence line in the

County’s right-of-way without an encroachment permit.

RELEVANT BACKGROUND

The underlying facts of the motion and cross-motion for discretionary

review are quite lengthy and date back to at least 1984, but were concisely set forth

by the Nelson Circuit Court in its May 19, 2022 Opinion and Order as follows:

By way of background, the Commonwealth of Kentucky, Department of Highways, purchased property

-3- from M.J. Wickham in 1964. The Commonwealth then established an access road designated as Frontage Road J, being .572 miles in length, for the construction of the Bluegrass Parkway. After the Commonwealth purchased Frontage Road J, the Hurst family purchased [the subject] real property from M.J. Wickham and W.M. Wickham. To access said property, Hurst would turn off of Browns Lane and travel to the end of Frontage Road J (now known as Sanders Lane). The Commonwealth transferred Sanders Lane to Nelson County in 1983.

To further complicate matters, this roadway does not end at the .572 mile marker. Instead, it continues past the Hurst property and runs to another landowner, the Hendricks. In 1984, the Hurst family filed a lawsuit against the Hendricks family [Hurst v. Hendricks, Civil Action 1984-CI-0213] over the use and maintenance of this ‘private roadway.” To date, this litigation has never been resolved.

On December 15, 1998, the Nelson County Fiscal Court adopted a resolution which authorized an encroachment on county roads for the Bloomfield Water Project. The resolution indicated that funding had been obtained for waterline construction serving residents on several county roads, including Sanders Lane. The City of Bloomfield thereafter installed a waterline that runs down Sanders Lane to a fire hydrant. Testimony was provided that this county road runs past the fire hydrant and adjacent to the Hurst property for approximately four hundred (400) to five hundred (500) feet until it reaches the private roadway.

May 19, 2022 Opinion and Order at 1-2 (citations omitted).

In early 2002, Hurst wrote a letter to the Nelson County Engineer, Jim

Lemieux. Therein, Hurst requested permission to extend the existing waterline just

beyond the pavement on Sanders Lane, a distance of approximately 150 yards.

-4- Hurst proposed placing the waterline approximately 10 feet from the edge of the

gravel or pavement, which would place the waterline within the County’s existing

right-of-way.

Lemieux responded by letter and denied Hurst’s request. Lemieux

reasoned that the County usually requires waterlines to be placed in private

property easements, rather than in the County’s right-of-way, so as to avoid any

future roadway maintenance problems. Lemieux also noted that Sanders Lane

would likely require widening in the future and, if so, there would be additional

cost to relocate the waterline. Lemieux informed Hurst that to contest the denial of

his request for placement of the waterline he must submit a written request to the

Nelson County Fiscal Court (Fiscal Court).

Approximately two years later, Hurst, pro se, submitted a written

request to the Fiscal Court challenging the denial of his request for an extension of

the waterline. As a result, the Fiscal Court provided notice in the local newspaper

that it would be considering the right-of-way encroachment request for Sanders

Lane at its June 29, 2004 meeting. It is undisputed that Hurst did not attend the

meeting. The Fiscal Court members voted unanimously to deny Hurst’s request

for placement of the waterline within the right-of-way and concluded that the

waterline should be placed on private property consistent with the County’s

existing policy.

-5- On June 28, 2005, Hurst filed a complaint in the Circuit Court (Action

No. 05-CI-00464) against the Fiscal Court. Therein, Hurst sought a declaration

that the Fiscal Court did not have a legal interest in the road known as Sanders

Lane, where it passed through Hurst’s property. Following Hurst’s deposition,

wherein he refused to answer questions, Hurst voluntarily dismissed his complaint

against the Fiscal Court on December 5, 2006.

In August of 2007, the County became aware Hurst was constructing

a waterline in the right-of-way along Sanders Lane. The County, through

Lemieux, mailed a Notice of Violation to Hurst. The County then sent a crew to

remove the waterline. Hurst confronted the County’s employees and the Nelson

County Sheriff’s Department had to be dispatched to Sanders Lane. On August 15,

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John Hurst v. Commonwealth of Kentucky, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-hurst-v-commonwealth-of-kentucky-kyctapp-2025.