Scotty Hedgespeth v. Taylor County Fiscal Court

503 S.W.3d 141, 2016 WL 2609298, 2016 Ky. LEXIS 183
CourtKentucky Supreme Court
DecidedMay 5, 2016
Docket2015-SC-000595-I
StatusUnknown

This text of 503 S.W.3d 141 (Scotty Hedgespeth v. Taylor County Fiscal Court) 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
Scotty Hedgespeth v. Taylor County Fiscal Court, 503 S.W.3d 141, 2016 WL 2609298, 2016 Ky. LEXIS 183 (Ky. 2016).

Opinions

OPINION AND ORDER

Scotty Hedgespeth and Linda Cundiff (“Hedgespeth”), pursuant to Kentucky Rule of Civil Procedure (CR) 65.09, move this court to grant interlocutory relief from, the Order entered by the Court of Appeals affirming the Taylor Circuit Court’s denial of injunctive relief. Having reviewed the motion and the record, this Court now denies the motion for the relief requested for failure to show extraordinary cause.

FACTUAL AND PROCEDURAL BACKGROUND

Hedgespeth owns real property on both sides of what is known , as Jones Creek Road in Taylor County. The road proceeds northward from state road 1252 until it reaches Jones Creek, where it forks. At [142]*142the creek, the western fork of the road is slanted towards the east, continues across a bridge, and resumes in a northeasterly direction. Due to the sharp orientation of the road and narrow nature of the .bridge, it is difficult for larger vehicles to maneuver the bridge. As a result, larger vehicles avoid the bridge, through the use of the unpaved eastern fork, which bypasses the bridge. The bypass goes directly over the creek bed itself.

The Taylor County Fiscal Court devised a plan to replace the existing bridge with a new one which would be erected where the bypass is currently situated. In response, Hedgespeth filed suit against the Taylor County Fiscal Court alleging ownership of the land where' thé bridge would’be constructed. In his Complaint, Declaration of Rights, and Jury Demand, Hedgespeth articulated actions to quiet title and for inverse condemnation.

Additionally, Hedgespeth requested that the trial court issue a temporary injunction pursuant to CR 65.04, to prevent the construction of the new bridge. Hedgespeth sought to stop the construction of the bridge pending the determination of the trial court as to the ownership of the land Where the bridge would be located. On August 7, 2015, the trial court held a hearing on the motion for a temporary injunction. On August 25, 2015, the trial court denied the request for a temporary injunction. ■

Subsequently, Hedgespeth requested that the Court of Appeals grant him interlocutory relief from the order of the trial court pursuant to CR 65.07. The Court of Appeals denied the motion, holding that the trial court did not abuse its discretion in denying Hedgespeth’s request for a temporary injunction. Hedgespeth now requests this Court grant him interlocutory relief from the decision of the Court of Appeals pursuant to CR 65.09. -

ANALYSIS

Our review is limited under CR 65.09. As we have previously emphasized, only those cases presenting “extraordinary cause” are worthy of review. See, e.g., Norsworthy v. Kentucky Bd. of Med. Licensure, 330 S.W.3d 58, 61 (Ky.2009). We have interpreted “extraordinary cause” to include “abuse[ ] of discretion by the courts below[.]” Price v. Paintsville Tourism Comm’n, 261 S.W.3d 482, 483 (Ky.2008).

The standard for a trial court reviewing a motion for a temporary injunction is prescribed by CR 65.04. The trial court is mandated to deny injunctive relief unless it finds: “(1) that the movant’s position presents ‘a substantial question’ on the underlying merits of the case ...; (2) that the movant’s remedy will be irreparably impaired absent the extraordinary relief; and (3) that an injunction will not be inequitable.” Id. at 484.

The trial court went through the proper analytical steps and determined that Hed-gespeth failed to meet each of these requirements. In denying interlocutory relief, the Court of Appeals conducted a careful review of the findings of the trial court. We review the judgment of the Court of Appeals on each issue to determine whether it abused its discretion in denying interlocutory relief.

First, the Court of Appeals evaluated the trial court’s conclusion that Hedges-peth had not presented a substantial question concerning the underlying merits of the case. This conclusion was based on the evidence presented to the-trial court during the injunction hearing. Deeds and maps were admitted as exhibits that strongly supported a finding that Jones Creek Road was publicly used, as opposed to being a private road surrounded by [143]*143private property. Specifically, several of the county maps designated Jones Creek Road as a “county road.” Additionally, one of the maps indicated that the road had been used as a country road, since 'as early as 1969. Further, a copy of the deed transferring the property to Hedgespeth’s father states that, “[i]t is understood and agreed that a county road now runs through said property as is to remain in its present location.”

There was also evidence that the county had maintained the road since the 1970s. Maintenance of the road included graveling, paving, mowing, tile installations and bridge building. However, the county’s maintenance was not limited to the paved portion of the road. The two forks of Jones Creek Road reconnect after crossing on the bridge located on the western fork of the road or after traveling through the creek bed on the eastern fork of the road. Where the forks reunite, the county poured a large area of concrete for safely purposes. Additionally, to facilitate travel through the creek bed on the unpaved eastern fork of the road, the county built a concrete slab on the north bank of the creek. So the county had previously treated both forks as part of the county road.

Also, evidence was heard concerning the public’s continued use of the bridge. Use of the bridge was not limited to- local residents, but also included use by commercial and service vehicles. Hedgespeth himself admitted that he had seen increased public traffic on the bridge in recent years. After reviewing these facts the Court of Appeals determined that the trial court’s cqn-clusion that Hedgespeth did not have a substantial likelihood of prevailing on the underlying merits was not clearly erroneous.

Second, the Court of Appeals evaluated the trial court’s conclusion that the equities did not weigh in favor of Hedgespeth. Hedgespeth argued that there was no public-interest to protect as only property owners and their invitees used the road. However, the trial court determined that the public does use the road, including the bypass, and that the public’s need for continued use of the bridge and a safe replacement was not outweighed by Hedges-peth’s desire to delay construction.

Finally, the Court of Appeals evaluated the trial court’s conclusion that Hedges-peth had not shown that he would suffer any type of irreparable harm. Hedges-peth argued that the new bridge would alter the use or character of. his property, and in particular, could cause loss of trees and other vegetation. However, there was no evidence presented to the trial court that any trees would be removed in the construction of the new bridge. During the hearing, when Hedgespeth was shown an aerial photo of the existing bypass where the new bridge would be built, he admitted that there were no trees present in that location.

The trial court concluded that there will be no change to the nature of the property through the construction of the new bridge.

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59 S.W.3d 484 (Court of Appeals of Kentucky, 2001)
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330 S.W.3d 58 (Kentucky Supreme Court, 2009)
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Bluebook (online)
503 S.W.3d 141, 2016 WL 2609298, 2016 Ky. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scotty-hedgespeth-v-taylor-county-fiscal-court-ky-2016.