COASTAL OBSERVER

An amendment to the zoning for a residential development on Pawleys Creek last month did more than do away with a proposed public kayak launch. It removed the grounds for a lawsuit challenging Georgetown County’s approval of the project, according to a filing in the state Court of Appeals.

Attorneys for the developer of Magic Oaks, a 27-lot subdivision between the creek and Highway 17, asked the court to dismiss a pending appeal of a lower court ruling along with the suit brought by neighbors who said the county’s approval violated state law and local codes.

County Council approved the project as a “flexible design district” and included a provision for a public kayak launch on the north side of the property adjacent to the Hammock Shops. The launch was proposed by Council Member Stella Mercado.

The neighbors filed suit in Circuit Court saying that the zoning did not conform to the use of the property shown on the county’s future land use maps and that the kayak launch was not part of the plan reviewed by the Planning Commission. They argued that the council should have sent the plan back to the commission with the kayak launch included.

The kayak launch required the owners of the Hammock Shops to allow access across their property, which they declined to do. Attorneys for the developer, Tripp Nealy, asked the court to strike that portion of the suit, saying it was moot. The court agreed.

The neighbors, represented by Keep It Green Advocacy, appealed, saying the failure to have the Planning Commission review the kayak launch was key to their argument that the county was not following the law. 

Nealy, who is represented by the Bellamy Law Firm, asked the Appeals Court to dismiss the appeal and to grant sanctions against the neighbors, arguing that the sole purpose of the appeal was to delay the development.

The Appeals Court  denied Nealy’s motion, but scheduled arguments in the case for March after  his attorneys argued that the delay caused by the suit created a financial hardship.

In the meantime, Nealy sought to amend the zoning to remove the kayak launch and shift the location of a community center to avoid cutting trees. 

At a hearing before the commission in November, Cindy Person, chief counsel for Keep It Green Advocacy, said the request “could leave one to conclude that it’s an attempt to circumvent the legal proceedings.”

In the motion filed by Nealy’s attorney’s last week, three weeks after County Council gave final approve to the zoning change, they say “there no longer exists any controversy regarding the contingent public kayak launch.” They also argue that the claim that the initial rezoning was contrary to the future land use maps was also rendered moot when the county adopted new maps as part of its comprehensive plan in July 2024.

Since the only relief sought by the plaintiffs is having the original approvals overturned, there is no action the court can take to provide that, Nealy argues.

The amendment to the Magic Oaks flexible design district, which the court filing calls “a new plan for the development of the subject property,” was “done specifically to address the concerns set for in Appellants’ lawsuit,” it states.

The neighbors plan to oppose the motion, Person said.

“The question is how the court will handle this procedurally,” she said.

She also noted that the deadline for challenging the ordinance amending the flexible design district zoning doesn’t expire until March. 

If that happens, “the issue that they say is moot isn’t moot anymore,” Person said.