Land use
Neighbors plan lawsuit over approval of lots at water plant
Property owners at Litchfield Beach will file suit to block Georgetown County’s approval of a zoning change that creates two single-family lots in their community, their attorney said.
Property owners at Inlet Point South, a gated community, say houses on the site of a former water treatment plant will block the ocean views from creekfront homes and creek views from oceanfront homes.
The property, .87 acres, is owned by the Peninsula at Inlet Point South Owners Association. The Peninsula is a 33-lot development within Inlet Point South, which contains 26 other lots.
The Peninsula association wants to create two residential lots on the site of the water plant. It expects to sell the lots for a total of $1.9 million. In requesting a change to the zoning, it submitted a letter of support from the Inlet Point South Community Association.
But the 26 owners in Inlet Point South objected, pointing out that their association is controlled by the Peninsula owners who stand to benefit from the sale.
County Council deferred the third reading of the change to the “planned development” zoning of Inlet Point South in March to allow the two sides to reach agreement over the use of the property.
“It was pretty clear to me that they wanted all the parties to get this resolved,” said Wesley Peel, a Columbia attorney who represents Inlet Point South property owners. “My clients took the initiative to get a mediator.”
The Peninsula association completed a renourishment project on the beach in front of its members’ homes. Each was assessed nearly $300,000 for the cost of the project, according to a lawsuit challenging the assessment.
“The Peninsula thinks they can sell this for $1.9 million – that’s not my number, it’s their’s – and divide it between 33 property owners to offset the cost of future renourishment,” Peel said. “We will file suit immediately to stop it.”
After the mediation, Peel said he thought his clients and the Peninsula association had reached agreement, but nothing was put in writing.
“All the parties were satisfied,” he said.
As condition of the mediation, Peel said he couldn’t discuss the proposed terms of the agreement.
He told County Council this week that the Peninsula walked away from the deal.
Dan Stacy, the attorney who represents the Peninsula, disputed that.
“My clients didn’t walk away. We have fundamental disagreements,” he told the council.
He said that the view of two homes would be better than the view of a cinder block building that housed the treatment plant. Stacy also pointed out that the zoning change conforms to the medium density designation of the area in the county’s future land use plan.
And he noted that the county will get more tax revenue from the two homes than it got from the treatment plant.
Council Member Stella Mercado moved to approve the change. Clint Elliott provided the second. They were joined by Louis Morant and Lillie Jean Johnson.
Council Members Bob Anderson, Everett Carolina and Raymond Newton were opposed.
