Tag: Supreme Court

County Change to CFA Zoning Will Bring Lawsuit in New Year

A virtually overlooked vote by county council during its final meeting of 2021 is guaranteed to bring a class action lawsuit against the county in the New Year.
Council member Gary Loftus called for reconsideration of Ordinance 142-2021, which had been passed on third reading at the November council meeting as part of the consent agenda.
The ordinance dealt with eliminating multi-family housing from the Commercial Forest Agriculture zoning classification.
Upon reconsideration, an amendment was approved with the final effect of eliminating multi-family housing (apartments and condominiums) from CFA zoned parcels and reducing the overall calculations for the number of units which could be built on the parcel from three to two per acre. Town homes may still be constructed in CFA.
The amendment also limited calculations for density to be restricted to non-wetland acreage in the parcel. CFA zoning until the passage of the amended ordinance had been limited to three units per acre, multi-family and/or town house, with the total acreage in the parcel, wetland and non-wetland, allowed in the density calculation.
Council passed the amended ordinance unanimously on the reconsideration vote.
According to several council members contacted by GSD, the change was made to eliminate the threat of construction of three multi-family and/or town home units on CFA parcels if rezoning requests for single-family units were turned down by council. According to those sources, council had become tired of developers using the threat of building more units on the land under current CFA zoning if the single-family rezoning proposals were rejected.
Many of the remaining CFA zoned parcels in the county can be found along the Hwy 90, 905, 701 and 707 corridors, which have been areas of new development resisted by citizens’ groups. A number of re-zonings from CFA to single-family developments have already occurred, especially in the 90 and 905 corridors, raising public opposition to further re-zonings.
A number of small farmers still in possession of CFA zoned parcels, as well as developers who have already purchased similar parcels from farmers, could be affected financially by the reduction in overall density stipulated in the new, amended ordinance.
GSD has learned that representatives from those groups are already in the process of working with attorneys to file a class action lawsuit against Horry County because of reduced value of CFA zoned parcels caused by the new ordinance.

click on headline above to read more

SCGOP Executive Committee Backs Chair, Lawsuit Expected

The SCGOP, High Crimes and Misdemeanors

Despite winning the party primary for House District 3, Ed Harris will not be the Republican candidate in the November general election.

Instead, that spot on the ballot will go to incumbent Rep. B.R. Skelton who lost the primary to Harris by 73 votes.

After Harris’ victory, Skelton challenged Harris’ legitimacy as a candidate on the basis of his filing of the Statement of Economic Interests. Harris’ victory in the primary election was upheld in an election challenge hearing before the SCGOP Executive Committee June 21, 2012.

Pickens County party chairman Phillip Bowers testified, under oath, at the June 21st hearing that Harris had provided both the SEI and the Statement of Intention of Candidacy along with the party pledge and check for the filing fee on March 20, 2012 when he filed for office.

Nikki Haley Overrules S.C. Supreme Court

By a vote of 26-0, an SCGOP Executive Committee placed Katrina Shealy back on the June 12th primary ballot for Senate District 23.

Shealy was the fourth of five candidates whose protests were heard by the committee. She was the only one successful in reversing a former decision about her certification for the ballot.

The entire candidate filing controversy has been pinned to Shealy’s opponent, incumbent Sen. Jakie Knotts who, reportedly, had someone challenge Shealy’s filing in a lawsuit heard by the S.C. Supreme Court with original jurisdiction of the case.

Judges might delay June primaries

South Carolina’s primary election season – already marred by three lawsuits, 180 disqualified candidates and a congressman’s wife yelling at a state senator – could be extended.

A panel of three federal judges will hear arguments Monday about whether to delay South Carolina’s June 12 primary elections because of concerns the state may have violated the federal Voting Rights Act.

It’s a case that U.S. District Judge Cameron Currie – a former chief deputy state attorney general, law professor and attorney with nearly 37 years of experience – described this way:
“It’s all very confusing.”

The case was filed by Columbia attorney Todd Kincannon on behalf of Amanda Somers, a candidate for state Senate District 5 in Greenville County.

South Carolina Senate Kills Do-Over Bill

When they go to the polls June 12, voters will likely not see the names of 180 candidates ousted from the S.C. primary ballot because of a state Supreme Court ruling.

The state Senate rejected a proposal Wednesday that would have reinstated the candidates if they filed statements of economic interest by April 15. That would have restored almost all the ousted candidates, state Sen. Larry Martin, R-Pickens, said.

But some senators objected to the extension of the March 30 state mandated deadline. They also believed that by not changing the deadline the state would avoid a federal review over changing an election law that could delay the primary.

SCGOP Statement on Candidate Certification

Columbia, SC – The South Carolina Republican Party today issued a statement following the S.C. Supreme Court’s Noon, May 4 filing deadline:

“On behalf of all South Carolina Republicans, I am sad about this week’s candidate filing rulings, but am committed to following the S.C. Supreme Court’s instructions. Our party has meticulously analyzed the filing submissions in compliance with the standards set forth by the Court.

We respect the Court’s decision and in compliance with the Court’s order, we have submitted our list to the Election Commission. We are looking forward to moving ahead and anticipate animated and spirited primary contests on June 12th.”

Link to filings