LOUISA, Ky. — Another lawsuit has been filed against Lawrence County Judge/Executive Phillip Carter for alleged intentional monetary harm to a local business.
Jeff ‘Beeper’ Kinser, Buffalo Valley Resources, Inc. and Big Sandy Resources, Inc. allege in the latest lawsuit that Carter intentionally diverted gravel hauls to his competition despite the awarded bid.
Jeff Kinser, left, has filed suit against Judge/Executive Phillip Carter
Last year Carter lost a $100,000 lawsuit to Billy and Amanda Lemaster who charged Carter with taking them off the Wrecker Service list over a Facebook post Carter did not like.
The latest suit, filed recently in Lawrence Circuit Court, alleges Carter of a similar act when he did not call Jeff Kinser’s company for gravel needs as was bid out by the court and won by Kinser’s company.
PLAINTIFF’S COMPLAINT
COMES NOW THE PLAINTIFFS JEFF KINSER, BUFFALO VALLEY RESOURCES, INC., AND BIG SANDY RESOURCES, INC., by and through counsel, and for states as follows:
INTRODUCTION
This is a lawsuit by Plaintiff, Jeff Kinser in his individual capacity as a taxpayer for reallocation of misappropriated taxpayer funds by Defendants. This is also a lawsuit by Plaintiffs Buffalo Valley Resources, Inc. and Big Sandy Resources, Inc. for breach of contract and the covenant of good faith by the Defendants, Lawrence Fiscal Court, Lawrence County Judge Executive Phillip Carter. Plaintiffs also sue Defendant Phillip Carter, in his individual capacity, for tortious interference with economic relations between Plaintiffs and Defendant, Lawrence Fiscal Court.
25-CI-00130
07/29/2025
Jodi Parsley,
PARTIES
At all times relevant therein, Plaintiff, Jeff Kinser, is a resident of Lawrence County, Kentucky and is a member/owner of Buffalo Valley Resources, Inc. and Big Sandy Resources, Inc,
2. At all times relevant therein, Plaintiff, Buffalo Valley Resources, Inc., is a Kentucky limited liability company with its principal office and registered agent of process located at 230 Oak Crest Drive, Grayson, KY 41143.
3. At all times relevant therein, Plaintiff, Big Sandy Resources, Inc., is a Kentucky corporation with its principal office and registered agent of process located at 31 Emerald Lane, Louisa, KY 41230.
4. At all times relevant therein, Defendant, Phillip Carter, is a resident of Lawrence County, KY.
5. At all times relevant therein, Defendant, Lawrence Fiscal Court, is a county government office located at 122S Main Cross Street, Louisa, KY, 41230.
VENUE/JURISDICTION
- This Court has jurisdiction over this matter as the amount in controversy exceeds the minimum jurisdictional amount of this Court,
- Venue is proper as the contract was executed in Lawrence County and provides that Lawrence County is an appropriate forum. Additionally, venue is proper because Defendants reside and are located in Lawrence County.
FACTUAL BACKGROUND
8. That to the best of Plaintiff’s knowledge and belief, Defendant, Lawrence Fiscal Court (“Fiscal Court”), solicited bids for local gravel and quarry pickup pursuant to KRS § 45A during the 2021-2022 fiscal year.
9. That Plaintiff, Big Sandy Resources, Inc. (Big Sandy), was recorded as the lowest bidder for local gravel pickup.
- That Plaintiff, Big Sandy, despite being the recorded lowest bidder, shared its award with a third-party supplier.
- That Plaintiff, Buffalo Valley Resources, Inc. (Buffalo Valley), was recorded as the lowest bidder for quarry pickup.
That other suppliers were listed as backup suppliers of limestone, in the event of quality or supply issues from Plaintiff, Buffalo Valley.
13. That Plaintiffs were awarded the supply contracts as the lowest bidders pursuant to KRS § 45A.
14. That Plaintiffs, Big Sandy and Buffalo Valley, were again the lowest bidders for supplying gravel and limestone to the County on June 20, 2022.
15. That Plaintiff, Jeff Kinser, noticed that another supplier was receiving over $60,000 more than Big Sandy was for gravel pickup services throughout the 2022-2023 fiscal year.
16. That Plaintiff, Jeff Kinser, addressed his concerns to the Fiscal Court and to Defendant, Judge Executive Phillip Carter (Carter), regarding these findings.
- That Plaintiffs, Big Sandy and Buffalo Valley, were again the lowest bidders for supplying gravel and limestone to the County on July 6, 2023.
- That the bid forms and contracts for the 2023-2024 fiscal year contained the same language and provisions as the 2022-23 fiscal year, only adding the phrase “or quality” to the statement of award.
19. That even less business was done with Plaintiff, Buffalo Valley, in favor of other third-party suppliers throughout the 2023-24 fiscal year, with other suppliers earning over $100,000 more. That the estimated sales for the 2023-2024 fiscal year for gravel suppliers resulted in a third-party supplier receiving almost equal pay as Plaintiff, Buffalo Valley.
21. That Plaintiff, Buffalo Valley, was again the lowest bidder for supplying limestone to the County during the 2024-2025 fiscal year.
BUFFALO VALLEY RESOURCES
- Plaintiffs reallege each and every allegation previously set forth and fully incorporate the same by reference.
- Defendants’ acceptance of Plaintiff, Buffalo Valley, as the lowest bidder in both relevant fiscal years created contracts to which Plaintiff, Buffalo Valley, assented to with adequate consideration.
Buffalo Valley, constituted a breach of said contracts.
Defendants breach of said contracts resulted in the clear existence of ascertainable monetary damages to Plaintiff, Buffalo Valley, in the form of past, present, and future monetary damages; and past, present, and future lost wages resulting from its detrimental reliance on its contracts with Defendants.
Count III. BREACH OF CONTRACT WITH BIG SANDY RESOURCES
Plaintiffs reallege each and every allegation previously set forth and fully incorporate the same by reference.
Defendants’ acceptance of Plaintiff, Big Sandy, as the lowest bidder in both relevant fiscal years created contracts to which Plaintiff, Big Sandy, assented to with adequate consideration.
Defendants’ continued business with third party suppliers instead of Plaintift, Big Sandy, constituted a breach of said contracts.
Defendants’ breach of said contracts resulted in the clear existence of ascertainable monetary damages to Plaintiff, Big Sandy, in the form of past, present, and future monetary damages; and past, present, and future lost wages resulting from its detrimental reliance on its contracts with Defendant.
Count IV. BREACH OF COVENANT OF GOOD FAITH WITH BUFFALO
41. Plaintiffs reallege each and every allegation previously set forth and fully
incorporate the same by reference.
42. Defendants, pursuant to KRS 45A, breached their covenant of good faith with Plaintiff, Buffalo Valley, because they failed to act with honesty in fact by continuing business with third-party suppliers despite the clearly expressed terms of the bid contract with Plaintiff, Buffalo Valley.
43. Defendants breached their covenant of good faith with Plaintiff, Buffalo Valley, by failing to do “everything necessary” to carry out the contract terms.
- Defendants breached their covenant of good faith with Plaintiff, Buffalo Valley, by knowingly making illusory promises to which Plaintiff, Buffalo Valley, relied on to its detriment.
- Defendant, Lawrence Fiscal Court, did not adequately articulate to Plaintiff, Buffalo Valley, any proper reason for its contrary actions during the relevant fiscal years.
46. As a result of Defendants’ breach of their covenant of good faith, Plaintiff, Buffalo Valley, suffered past, present, and future monetary damages; and past, present, and future lost wages resulting from its detrimental reliance on Defendants’ conduct and illusory promises.
Count V. BREACH OF COVENANT OF GOOD FAITH WITH BIG SANDY RESOURCES
- Plaintiffs reallege each and every allegation previously set forth and fully incorporate the same by reference.
- Defendants, pursuant to KRS 45A, breached their covenant of good faith with Plaintiff, Big Sandy, because they failed to act with honesty in fact by continuing business with third-party suppliers despite the clearly expressed terms of the bid contract with Plaintiffs.
- Defendants breached their covenant of good faith with Plaintiff, Big Sandy, by failing to do “everything necessary” to carry out the contract terms.
- Defendants breached their covenant of good faith with Plaintiff, Big Sandy, by knowingly making illusory promises to which Plaintiff, Big Sandy, relied on to its detriment.
- Defendant, Lawrence Fiscal Court, did not adequately articulate to Plaintiff, Big Sandy, any proper reason for its contrary actions during the relevant fiscal years.
52. As a result of Defendants’ breach of their covenant of good faith, Plaintiff, Big Sandy, suffered past, present, and future monetary damages; and past, present, and future lost wages resulting from its detrimental reliance on Defendants’ conduct and illusory promises.
Count VI. PHILLIP CARTER’S TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS WITH BUFFALO VALLEY
Plaintiffs reallege each and every allegation previously set forth and fully
incorporate the same by reference.
54. Plaintiff, Buffalo Valley, maintained a valid business relationship with Defendant,
Lawrence Fiscal Court, stemming from the aforementioned bid contracts created under KRS §
45A.
S5. Defendant, Phillip Carter, was aware of this valid business relationship through his capacity as Lawrence County Judge Executive.
56. Defendant, Phillip Carter, intentionally interfered with this valid business relationship by orchestrating the purchase of gravel and limestone from other suppliers with the aid of unknown defendants.
57. Defendant, Phillip Carter, acted on an improper motive in interfering with the valid business relationship, orchestrating his personal animosities and political aspirations against Plaintiff, Buffalo Valley.
58. Defendant, Phillip Carter, caused the improper interference with the valid business relationship by and through his actions and collaborations with unknown defendants in securing materials from other suppliers.
59. As a result of Defendant, Phillip Carter’s, intentional and improper interference,
Plaintiff, Buffalo Valley, has suffered special damages in the form of past, present, and future lost wages.
Count VII. PHILLIP CARTER’S TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS WITH BIG SANDY
60. Plaintiffs reallege each and every allegation previously set forth and fully incorporate the same by reference.
61. Plaintiff, Big Sandy, maintained a valid business relationship with Defendant, Lawrence Fiscal Court, stemming from the aforementioned contracts created under KRS § 45A.
62. Defendant, Phillip Carter, was aware of this valid business relationship through his capacity as Lawrence County Judge Executive.
63. Defendant, Phillip Carter, intentionally interfered with this valid business relationship by orchestrating the purchase of gravel and limestone from other suppliers with the aid of unknown defendants.
Defendant, Phillip Carter, acted on an improper motive in interfering with the valid business relationship, orchestrating his personal animosities and political aspirations against Plaintiff, Big Sandy.
65. Defendant, Phillip Carter, caused the improper interference with the valid business relationship by and through his actions and his collaboration with unknown defendants in securing materials from other suppliers.
66. As a result of Defendant, Phillip Carter’s, intentional and improper interference, Plaintift, Big Sandy, has suffered special damages in the form of past, present, and future lost wages.
WHEREFORE, Plaintiffs demand judgment against Defendants for past, present, and future monetary damages; past, present, and future lost wages; punitive damages; and injunctive relief from this court ordering the repayment of misappropriated taxpayer funds and halting any further violative supply of gravel and limestone to the Lawrence Fiscal Court.
Respectfully submitted,
WILHOIT LAW OFFICE
Editor’ Note: A lawsuit spells out only one side of an issue
