By Al Dozier
An initial effort by an Irmo resident to block the town’s plan to allow a developer to come up with a revised proposal to build the controversial Water Walk development on the shores of Lake Murray was rejected.
Irmo resident Adam Raynor contends in a lawsuit that the town can’t reject a development proposal, and then turn around and allow a revised proposal. He described the effort as a “procedural shortcut” that favors the developer.
But in response to Raynor’s request for a restraining order at an Aug. 30 hearing before Judge Daniel Coble, Irmo Attorney William Edwards argued that the town council has the authority to approve or reject the planning commission’s Aug. 12 recommendation, and nothing in the town ordinance or state law prohibits a developer from revising their plans before that process is complete.
Judge Coble sent out a notice Sept. 3 rejecting Raynor’s request. He said a temporary restraining order is “drastic measure” and the plaintiff had not provided enough evidence that it is needed.
Raynor’s initial lawsuit is still pending.
The legal actions come on the heels of the planning commission’s Aug. 12 decision denying approval for the 550-home development, agreeing with concerns raised by town planning staff about Water Walk’s density. The plans by Charleston-based developer Material Capital Partners has drawn opposition from the public over fears that it would increase traffic congestion and present other problems on the 65-acre property on Dreher Shoals Road.
Raynor, who is not an attorney but filed the lawsuit on his own behalf, contends the town would violate its own ordinance by considering a revised version of the developer’s plan after the town issued a denial on the original plan. He contends that Material Capital Partners must wait up to a year to resubmit plans for the 65-acre property to the town.
Asked by The Irmo News for a response to the judge’s decision, Raynor said he fully supports public meetings and the opportunity for community involvement in important decisions.
“However, my concern is with the Town of Irmo’s repeated disregard for legal procedures and the voices of concerned citizens. The court’s denial of the temporary restraining order misinterprets my intent. I am not opposing the process of public meetings or the developer’s intention, but advocating for the town to follow the laws in place to ensure fairness and transparency. When the law is ignored, it undermines the trust the community places in its local government.”
Edwards acknowledged the lawsuit is still pending and will receive further consideration by the courts.
