Scotty Hedgespeth v. Taylor County Fiscal Court
2015 SC 000595
| Ky. | Oct 19, 2016Background
- Hedgespeth owns property on both sides of Jones Creek Road in Taylor County; Taylor County Fiscal Court planned to replace the bridge at the bypass location; Hedgespeth sought to quiet title and inverse condemnation and obtained a temporary injunction which the trial court denied; Court of Appeals affirmed denial of injunction and interlocutory relief; Supreme Court denied interlocutory relief for extraordinary cause and affirmed; a dissent by Venters would grant injunction to prevent taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extraordinary cause exists for interlocutory relief | Hedgespeth argues extraordinary cause due to potential irreparable harm | Court below found no extraordinary cause under Price factors | No extraordinary cause; relief denied |
| Whether Jones Creek Road is a public road vs private property | Road is private property owned by Hedgespeth | Road is a county road, public use and maintenance shown | Evidence supports public road status; not clearly erroneous to deny injunction |
| Whether Hedgespeth would suffer irreparable harm | Construction would irreparably harm property rights | No irreparable harm; damages available and no change to property use anticipated | No irreparable harm; injunction not warranted |
| Whether equities weigh in favor of delaying construction | Delay protects property rights | Public need for safe bridge outweighs potential harm to Hedgespeth | Public interest outweighs; equities do not favor injunction |
| Whether Eminent Domain Act procedures were followed or needed | County must follow Eminent Domain Act; injunctive relief required | Procedural concernsless; county may pursue condemnation; irreparable injury imminent | County must follow statutory procedures; injunction denied as improper remedy |
Key Cases Cited
- Shaw v. Morrison, 259 S.W.707 (Ky. 1924) (injunction not granted where injury is irreparable; damages remedy available)
- Kentucky Elec. Dev. Co.'s Receiver v. Wells, 75 S.W.2d 1088 (Ky. 1934) (damages as remedy where injunction would be burdensome or impracticable)
- Boone Creek Properties, LLC v. Lexington-Fayette Urban County Bd. of Adjustment, 442 S.W.3d 36 (Ky. 2014) (enforcement of laws; irreparability may be implied for government action)
- Norsworthy v. Kentucky Bd. of Med. Licensure, 330 S.W.3d 58 (Ky. 2009) (extraordinary cause standard for CR 65.09 review; abuse of discretion precedent)
- Price v. Paintsville Tourism Comm'n, 261 S.W.3d 482 (Ky. 2008) (preliminary injunction standards; three Price factors)