Lexington-Fayette Urban County Government v. Smolcic

142 S.W.3d 128, 2004 Ky. LEXIS 182, 2004 WL 1906882
CourtKentucky Supreme Court
DecidedAugust 26, 2004
Docket2002-SC-0958-DG, 2002-SC-0972-DG
StatusPublished
Cited by76 cases

This text of 142 S.W.3d 128 (Lexington-Fayette Urban County Government v. Smolcic) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lexington-Fayette Urban County Government v. Smolcic, 142 S.W.3d 128, 2004 Ky. LEXIS 182, 2004 WL 1906882 (Ky. 2004).

Opinions

Opinion of the Court by

Justice JOHNSTONE.

On April 28, 1998, Dora Jurdana, Mari-jana Meculj, and Vesna Vasicek were crossing, on foot, U.S. Route 27 at the intersection of Nieholasville Road and Moore Drive when they were struck by a vehicle driven by Cara Rodgers. U.S. Route 27 is part of the state highway system and is located in the Lexington-Fayette Urban County Government (“LFUCG”). Jurdana, Meculj, and Vasi-cek subsequently filed separate suits against Rodgers, LFUCG, and others. The individual suits were eventually consolidated into a single action. Jurdana, Meculj, and Vasicek later amended their complaints to include four individual employees of LFUCG as additional defendants.

The trial court dismissed LFUCG for liability purposes on grounds that it was entitled to sovereign immunity, but allowed it to remain in the suit for purposes of apportionment under KRS 411.182. The trial court also dismissed the claims against the individual employees on grounds that they were entitled to qualified official immunity. Further, the trial court granted Rodgers’ motion in limine to exclude her guilty plea to the charge of driving while intoxicated. Finally, Jurda-na, Meculj, and Vasicek also filed separate suits in the Kentucky Board of Claims against LFUCG and the Transportation Cabinet. After the Board of Claims dismissed the cases against LFUCG for lack of jurisdiction, Jurdana, Meculj, and Vasi-cek appealed the Board of Claims’ decision to the trial court, which affirmed the Board of Claims’ decision.

On appeal, the Court of Appeals affirmed the trial court in all respects, except for its decision regarding the individual governmental employees. The Court of Appeals held that the allegations against the employees concerned ministerial rather than discretionary acts, and, therefore, reversed the trial court’s ruling that the employees were entitled to a qualified im[131]*131munity defense. We accepted discretionary review.

On appeal to this Court, LFUCG raises two allegations of error: (1) the Court of Appeals erred in holding that it could remain in the case for purposes of apportionment, and (2) the Court of Appeals erred in holding that the individual employees were not entitled to a qualified immunity defense. In their appeal, Jurdana, Meculj, and Vasicek raise four allegations of error: (1) the Court of Appeals erred in holding that LFUCG is entitled to sovereign immunity, (2) the Court of Appeals erred in holding that KRS 67A.060 is constitutional, (3) the Court of Appeals erred in holding that fault could be apportioned against LFUCG, and (4) the Court of Appeals erred in holding that Rodgers’ conditional guilty plea was not admissible.

We affirm the Court of Appeals’ holdings that (1) LFUCG is entitled to sovereign immunity, (2) KRS 67A.060 is constitutional, and (3) Rodgers’ conditional guilty plea is not admissible. We reverse the Court of Appeals’ holding that fault can be apportioned against LFUCG. Further, we hold that the trial court erred in concluding that the allegations against the individual employees were discretionary. Because of the state of the record, we do not go as far as the Court of Appeals on this issue. Finally, we hold that the Board of Claims has no jurisdiction of this case under KRS 44.071 because LFUCG is not a “municipality.”

I. Sovereign Immunity

Jurdana, Meculj, and Vasicek argue that LFUCG is neither a county nor a county government; that, rather, LFUCG is a new and different form of local government not anticipated by the Kentucky Constitution. Thus, they argue that the question of LFUCG’s immunity must be determined by applying the state agency test set forth in Kentucky Center for the Arts v. Bems, Ky., 801 S.W.2d 327 (1991). A necessary premise for their argument that LFUCG is not a county is that Fay-ette County no longer exists. The premise is false.

We firmly established the continued existence of Fayette County in Holsclaw v. Stephens, Ky., 507 S.W.2d 462 (1974):

Counties are basic subdivisions of the Commonwealth. They too may be abolished by the General Assembly (Section 63 of the Constitution) but in that event the territory comprising the county must be added to an adjoining county or counties. Fayette County has not been abolished. It remains as a geographic entity which shall hereafter be governed locally by urban county government.

Id. at 475. In other words, the Kentucky Constitution mandates that the entire physical territory of the Commonwealth be subdivided into counties.1 When LFUCG was formed, no new county was created nor was any of Fayette County’s territory added to an adjoining county. Had that been the case, Holsclaw would have held that the formation of LFUCG was unconstitutional. Holsclaw also disposes of Jur-dana, Meculj, and Vasicek’s argument that the Fayette County government no longer exists.

Holsclaw makes clear that the urban county form of government is a new classification of county government created by the General Assembly. Holsclaw plainly states that “counties which adopt urban county government constitute a sep[132]*132arate classification of counties.” 507 S.W.2d at 477. Further, in its discussion of the reasonableness of urban county government as a classification of local government, Holsclaw focuses solely on the classification as it applies to counties:

[T]he Constitution provides that where a general law can be made applicable no special law shall be enacted. Section 60 provides that the General Assembly shall not indirectly enact a special or local act by the repeal in part of a general act, or by exempting from the operation of a general act any city, town, district or county.
KRS 67A.010-040 is a general act, not special, in that it applies generally to all counties except those which contain a city of the first class. At the present time it is applicable to one-hundred and nineteen counties.
But since each of the one-hundred and nineteen counties is free to organize the structure of its local government, the possibility exists for one-hundred and nineteen different structural organizations administering the powers of local government. The spectre of one-hundred and nineteen different types of local governmental structure can comport with the idea of uniformity only if we recognize that urban county government is a separate classification of local government which is in itself a reasonable classification. We think such a classification is reasonable.

Id. at 472 (emphasis added). Finally, in Holsclaw

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Bluebook (online)
142 S.W.3d 128, 2004 Ky. LEXIS 182, 2004 WL 1906882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lexington-fayette-urban-county-government-v-smolcic-ky-2004.