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Resident warns of ADA lawsuit after commissioners decline Trail Road cost share
Summary
A Concordia resident presented engineering bids to improve Trail Road and said the only option may be suing the county under the Americans with Disabilities Act after commissioners refused a county cost-share; an executive session with the county attorney followed.
Ryan McMillan told the Cloud County Board of Commissioners on April 6 that Campbell & Johnson, P.A. had prepared a bid to improve Trail Road and asked whether the county would share costs if a court found the road a valid open road. The bid listed $174,300 with contractor construction, $26,000 if county highway staff provide labor, and $10,000 for civil engineering design and specifications.
McMillan said the board’s refusal to agree to a cost-share left him "only option[ed]" to pursue litigation: "my only option would be to sue the County for discrimination under the Americans with Disabilities Act (ADA)," he said. The board declined to commit to the proposed cost share.
Following the presentation, the commissioners approved a 15-minute executive session on attorney-client privilege to discuss Trail Road. Commissioner Ron Copple made the motion, Commissioner Dannie Kearn seconded it, and the board voted unanimously to enter executive session; attorney Mike Montoya participated by conference call and County Clerk Shella Thoman was present for the closed session.
County Highway/Weed Administrator Rod Michaud separately reported routine maintenance matters and local road closures during the meeting but did not commit county crews to the Trail Road construction estimate McMillan presented. The board did not make a formal funding commitment for the Trail Road bid during the meeting.
The board is scheduled to reconvene April 13; no further action on Trail Road was recorded in the April 6 minutes.
