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Last updated: July 23. 2014 5:04PM - 661 Views
By Joe P. Asher jasher@civitasmedia.com



Joe P. Asher|Daily EnterpriseCrews work to complete a culvert replacement on KY 3459 in Sunshine that has had the road closed for over a month.
Joe P. Asher|Daily EnterpriseCrews work to complete a culvert replacement on KY 3459 in Sunshine that has had the road closed for over a month.
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A restraining order filed by the city of Harlan in June to halt work being performed by the Kentucky Transportation Cabinet on a culvert replacement on KY 3459 in Sunshine has been lifted and the work is nearing completion.


According to Les Dixon, an official with the Kentucky Transportation Cabinet, the work is expected to be completed in approximately 10 days if everything goes smoothly.


Dixon said issues such as bad weather could delay the completion date.


The city of Harlan through the Harlan Municipal Water Works Commission filed a complaint against the Kentucky Transportation Cabinet on June 16, also requesting a restraining order be issued at that time.


Judge Henry Johnson issued the order, bringing work to a standstill for a time.


The complaint states the transportation cabinet demanded the city pay for the work.


“The defendant has demanded the plaintiff remove and or re-route said waterline at the sole expense of the plaintiff, all in contravention of KRS 177.035, which required the defendant to pay the plaintiff’s costs to relocate the pipeline,” reads the complaint.


The city was asking the state pay the costs of relocation of the waterline in the amount of $25,385, according to the complaint.


The state filed an answer to the complaint stating the complaint “fails to state a claim upon which relief may be granted.” The states response further read the state denies any allegation that could be interpreted to show a liability for the transportation cabinet.


The issues have been resolved according to a notice of dismissal filed by the city on July 2. An order lifting the restraining order and allowing work to resume was filed on July 7.


The notice of dismissal states the parties have reached a settlement, but does not specify the terms under which a settlement was reached.


Both the Kentucky Transportation Cabinet and the attorney for the city of Harlan declined to make any comment on the matter.


Joe P. Asher may be reached at 606-573-4510, ext. 1161 or on Twitter #joe_hde


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