Today (3/18/10), Sr. Judge Hood of the U.S. District Court for the Eastern District of Kentucky issued a decision on cross-motions for partial summary judgment in our client's case challenging Garrard County (Ky.) officials' actions in tearing down a gate limiting access to a lane on her property. The issue for summary judgment was whether that lane was a county road versus a private roadway.
The Court found that "pursuant to KRS 178.116(1) [a Kentucky statute], as well as the County's own acts and admissions, [the lane] shall be deemed discontinued as a county road, if it ever was classified as such."
Scott v. Garrard County Fiscal Court et al., Case No. 5:08-273-JMH (E.D. Ky. Mar. 18, 2010), slip op. at 15. The full opinion is available through the PACER service or here.