Author: Paul Gable

Did S.C. Ethics Commission Break the Law?

A request for a judge to rule the S.C. Ethics Commission violated the state’s FOIA law has been entered in a lawsuit brought against the commission by the S.C. Public Interest Foundation.

The motion for summary judgment results from the S.C. Ethics Commission’s apparent attempts to hide the contents of a letter to Gov. Nikki Haley from commission attorney Cathy Hazelwood.

In the letter, Hazelwood requested Haley to reimburse the state for the cost of travel for Haley and her campaign staff to a fundraising event in North Carolina last year.

When the internet publication “The Nerve” requested a copy of the letter from the commission, it was reportedly told by commission director Herb Hayden, “No letter was sent to Gov. Haley.”

Continue Reading →

No Decision on Southern Holdings Money

Despite stating he would issue a ruling last week, Judge Doyet A. Early remained silent on the disposition of litigation and settlement money in the Southern Holdings case.

The case before Judge Early is an interpleader action asking the court to rule on who has claim to the remaining Southern Holdings litigation and settlement funds and how much should go to each claimant.

The interpleader case was brought by attorney and Lexington Magistrate John Rakowsky who represented seven individual plaintiffs in the original Southern Holdings case. Rakowsky stated he didn’t know who had claims to the remaining litigation and settlement money he held.

There are problems with issuing a decision in the interpleader case.

Continue Reading →

Is Strong Mayor Best for West Columbia

The City of West Columbia will hold a referendum September 30, 2014 to determine whether the city government should change to give current mayor Joe Owens strong mayor powers.

Apparently the real issue here is whether the voters of West Columbia agree with what already seems to be a de facto assumption of strong mayor actions by current mayor Joe Owens.

In the current council form of government, Owens is one of nine council members having one vote and no administrative duties for decisions of policy. The title of mayor makes him nothing more than first among equals, so to speak.

Continue Reading →
Judge-Doyet-A

Decision on Southern Holdings Funds Promised this Week

S.C. Judge Doyet A. Early ended last week’s hearing on the alleged Southern Holdings settlement and remaining litigation funds promising a decision this week.

The case before Judge Early is an interpleader asking the court to rule on who has claim to the remaining Southern Holdings litigation and settlement funds and how much should go to each claimant.

No settlement agreement with informed consent by signature from each Southern Holdings plaintiff was presented during the hearing. None has ever been presented either as court record for the Southern Holdings case, this interpleader case or any other legal proceeding.

Continue Reading →

S.C. Supreme Court Denies Michael Hilton Appeal

The S.C. Supreme Court has denied an appeal by former Myrtle Beach restaurant owner Michael Hilton to throw out results from a Breathalyzer test related to a felony DUI involving death charge.

Hilton was charged with felony DUI during the May 2008 Harley Davidson Bike Rally when he failed to yield the right of way and turned in the path of a bike driven by Angelo Gonzalez. Gonzalez died from injuries suffered during the wreck and his passenger, Suzie Reader, remains disabled from injuries suffered in the accident.

In 2009, the General Assembly changed the DUI law to require the test to be administered within two hours of an accident. Lawyers for Hilton tried to use this change in state law to get the Breathalyzer evidence thrown out. They were successful at the district court level, but lost at both the Appeals and Supreme Court levels.

Continue Reading →

Awendaw Illegal Annexation Voided by State Court

A state court recently voided an annexation by the Town of Awendaw because the town didn’t bother to follow state law in the annexation process.

Without getting too technical, the town used a 10 foot wide strip of land through the Francis Marion National Forest to connect the town to a pocket of private land within the national forest boundaries.

Awendaw has used this process several times since 1994 to annex pockets of private land located within the overall confines of the national forest property. The strips of national forest land were the only way Awendaw could bring town property adjacent to the private land areas it annexed.

Continue Reading →

Myrtle Beach City Council Must Broaden Policing Focus

Myrtle Beach City Council held an executive session yesterday to discuss safety and security planning for Memorial Day weekend.

That’s great, but it’s only a small part of the public safety problem in the city.

While the Myrtle Beach City Council is looking for better ways to control crowds during Memorial Day weekend, it must not forget it has a growing year around policing problem.

Continue Reading →
Judge-Doyet-A

The Tangled Web of Southern Holdings – Update

Any time you get close to an issue that stems from the original Southern Holdings lawsuit, the tangled web of deception grows.

The latest involves a hearing before S.C. District Court Judge Doyet A. Early, scheduled for Wednesday August 20, 2014, to hear Emergency Omnibus Motions to Compel the production of a settlement agreement for the Southern Holdings case that includes demonstration of “informed consent” by each of the original Southern Holdings plaintiffs.

The existence of an “informed consent” settlement agreement is required by state and federal law to demonstrate that attorney John Rakowsky, who represented the original seven Southern Holdings plaintiffs, had the “informed consent” of his clients to settle the Southern Holdings case.

Continue Reading →

RIDE III Committee First Moves

The RIDE III Committee had its opening meeting yesterday marking the first move toward a possible November 2016 ballot referendum for new road projects funded by a one-cent local sales tax.

The committee will take the next year or so considering possible road projects to include in the referendum with public meetings included on its future agenda.

One thing to remember is the committee is purely advisory.

Once the committee finalizes a list of possible projects, the list will be sent as recommendations to a six-member RIDE III Commission.

Continue Reading →

Myrtle Beach City Council Halts Forced Annexation

Myrtle Beach City Council yesterday halted its attempt to annex approximately 640 acres along the U.S. 17 Bypass corridor.

The attempted annexation included two residential neighborhoods totaling approximately 44 acres. To this was added nearly 600 acres of commercial and undeveloped property attached to the residential annexation by city officials.

While 25% of registered voters in the annexation area had to sign a petition requesting annexation and later approve a referendum by majority vote, the commercial property owners had no say in the process.

Continue Reading →
1 … 100 101 102 103 104 … 171