Whitley v. Robertson County

396 S.W.3d 890, 2013 Ky. LEXIS 94, 2013 WL 1776968
CourtKentucky Supreme Court
DecidedApril 25, 2013
DocketNo. 2011-SC-000612-DG
StatusPublished
Cited by1 cases

This text of 396 S.W.3d 890 (Whitley v. Robertson County) 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
Whitley v. Robertson County, 396 S.W.3d 890, 2013 Ky. LEXIS 94, 2013 WL 1776968 (Ky. 2013).

Opinion

Opinion of the Court by

Justice VENTERS.

Appellant Harold Whitley (Whitley) and others1 appeal from a decision of the Court of Appeals which reversed a judgment of the Robertson Circuit Court in a lawsuit involving whether a disputed pass-way located in Robertson County is a private drive or a county road. Appellants contend that the passway is a private drive, whereas Appellees Robertson County and Robertson County Fiscal Court (collectively, Fiscal Court) and Maryanna Robinson contend that the passway in dispute was properly adopted into, and remains a part of, the formal county road system of Robertson County. Our decision, however, is not focused on questions regarding the legal status of the roadway. The questions now before this Court relate to the process that governs the circuit court’s adjudication of the road’s status and the standards of review to be employed by the circuit court in that adjudication.

The issues we address arise from the Court of Appeals’ conclusion, which we regard as erroneous, that Appellants’ action could be brought in the circuit court only as an appeal from a decision of Robertson County Fiscal Court refusing to order the abandonment, or “discontinuance,” of a county road as provided by KRS Chapter 178, not as a declaratory judgment action to determine the road’s legal status. The difference is significant because in the adjudication of an appeal under KRS 178.100 from a fiscal court decision, the circuit court must apply the deferential standard of review explained in Trimble Fiscal Court v. Snyder, 866 S.W.2d 124 (Ky.App.1993), rather than the de novo adjudication of an original action for a declaratory judgment under KRS 413.040. Because the circuit treated the Appellants action as a de novo action for declaratory judgment, giving no deference to prior “findings” of a fiscal court action, the Court of Appeals reversed the judgment.

For the reasons stated below, we conclude that the Appellants properly invoked the declaratory judgment process of KRS 413.040 to challenge the legal status of the disputed passway and that the action could not be characterized as an appeal from a fiscal court decision because, under the specific facts of this case, no appealable event had occurred. Accordingly, we reverse the decision of the Court of Appeals, and remand for its further consideration of the remaining unaddressed issues.

[893]*893I. FACTUAL AND PROCEDURAL BACKGROUND

Batte Lane2 is single lane, dirt and gravel road located in Robertson County that traverses Whitley’s property and serves as access to the property of several other parties to this action, including Ap-pellee Maryanna Robinson. Appellants contend that Whitley has fee simple title to the passway pursuant to his deed.3 Appel-lees contend that Robertson County has title to the property by its lawful incorporation into the Robertson County road system in 1987.

Whitley and his wife bought the affected land in 1994 and assumed then that Batte Lane was legally and formally part of the Robertson County road system. However, in January 2004, burdened by what he regarded as undesirable traffic which he wanted to limit by erecting gates, Whitley petitioned the Robertson County Fiscal Court to abandon, or formally “discontinue” from the county road system pursuant to the relevant provisions of KRS Chapter 178, the portion of Batte Lane that traversed his property.4 In February 2004, the matter was formally addressed by the Fiscal Court at a public hearing on the issue, after which the Fiscal Court formally decided against Whitley’s petition and voted against the discontinuance of the roadway. This decision of the Fiscal Court was not appealed.

In the following months, additional study of the records relating to the legal status of the road led Whitley to believe that road had never been properly adopted by the county as a part of the official county road system, and therefore was not actually the county’s road to abandon. So, at the August 20, 2004 regular meeting of the Fiscal Court, Whitley appeared with his attorney and presented the Fiscal Court with information supporting his claim that the road had never belonged to the county because it had never been properly incorporated into the county road system. Notably, he did not repeat his February 2004 request for the county to officially “discontinue” the road because his point was that the county had lacked any legal interest that it could “discontinue.” Instead, Whitley asked the Fiscal Court to acknowledge that there had never been a formal adoption of Batte Lane into the official county road system. The Fiscal Court declined to make that concession; it simply reaffirmed it legal position that Batte Lane “is part of the county road system.”

In September 2004, the Appellants filed a Complaint in Robertson Circuit Court seeking a declaratory judgment that the disputed section of Batte Lane was not a lawfully adopted county road. The pleading is captioned “Complaint Seeking Declaration of Rights and Appeal.” Robertson Fiscal Court, Robertson County, and Robinson were named as defendants. Ap-pellees answered the complaint and asserted that the disputed section of Batte Lane had properly been adopted as a county road pursuant to KRS 178.115(1), and in the alternative, that the road was a “public road” by prescription or other method.5 [894]*894The parties eventually filed cross-motions for summary judgment on the substantive issue of the road’s legal status as a duly adopted county road, a public passway, or a private lane.

Ultimately, the trial court granted Appellants’ motion for summary judgment, holding that there were no genuine issues of material fact which would necessitate a trial and that, as a matter of law, the disputed section had not been properly adopted as a county road pursuant to the statutory requirements of KRS Chapter 178. The circuit court also concluded that the disputed segment of Batte Lane was not a “public” road pursuant to the provisions of the Chapter. Post-judgment motions to alter, amend, or vacate the judgment (or portions thereof) followed in the normal course. At the request of Appellee Robinson, the circuit court entered an order altering the final judgment “to reflect that the Court considered [the] action to be an original action for Declaratory Judgment,” rather than a KRS Chapter 178 appeal from a county fiscal court road issue.

In the Court of Appeals, the Fiscal Court and Robinson asserted not only that the trial court erred in its judgment regarding the road’s legal status, but that the circuit court also erred by treating the case as an original action pursuant to the declaratory judgment statute instead of an appeal pursuant to KRS 178.100 from an action of the county fiscal court.6 As previously noted, the difference is significant because under Snyder,

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Cite This Page — Counsel Stack

Bluebook (online)
396 S.W.3d 890, 2013 Ky. LEXIS 94, 2013 WL 1776968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitley-v-robertson-county-ky-2013.