LEXINGTON — A federal judge has dismissed the lawsuit of a Garrard County property owner who claimed Fiscal Court and county officials violated her constitutional rights by allowing the public access to her land.
In 2008, Donna Scott sued Fiscal Court, Garrard Judge-Executive John Wilson and Magistrate Fred Simpson in U.S. District Court, records show. Scott owns land adjoining Poor Ridge Road and a “private pathway” called Lanham Lane. In 2007, Scott believed her children were endangered when people began driving ATVs across Lanham Lane to access adjoining properties so she installed a locked gate to deny them access.
Adjoining property owners took Scott to Fiscal Court, where magistrates voted to have the gate torn down. Simpson and road foreman Kenny Kinnaird Jr. took down the gate the next day with a blowtorch. Scott claimed these acts constituted a violation of her Fourth Amendment rights against unreasonable searches and seizures.