The builders are suing Lexington County, hoping that there will be a moratorium on the construction of new units.
The Central South Carolina Construction Industry Association filed a lawsuit this week to overturn the sentence, which was passed earlier this month. The group claims that the process of adopting it is illegal.
The construction industry group claims that the council violated the state’s Freedom of Information Act by issuing a decree after a closed executive session without informing the public that action could be taken after the closed session. The council also did not follow the rules of holding a closed session, the association’s lawyers claim.
Ahead of the April 13 executive meeting, council chairman Todd Cullum said the meeting should “discuss the possibility of passing a decree” without entering into a possible moratorium on legal issues. A representative of the Construction Industry Association tried to obtain a copy of the proposed decision before the meeting, but failed, the lawsuit alleges.
In Richland County, a court ruled last year that a decision to pay a $ 1 million bill to a former Richland County Board administrator was invalid because of such violations.
Judge oc oslin Newman ruled that in 2018. The meeting violates the state’s Freedom of Information Act, as the council was unable to state the nature of its deliberations in closed session, and did not inform the public that it would discuss a possible settlement, noting that the council decided to hold the settlement behind closed doors, without a public vote or debate.
The lawsuit against Lexington County also alleges that the decision is invalid because state law requires a public hearing before zoning rules can be changed.
“The proposed decision is a zoning regulation … as its explicit purpose is to impose a moratorium on certain residential areas that are otherwise permitted by the current zoning decision, while the Council is reviewing and reviewing the current zoning scheme,” the lawsuit disputes.
The freeze took effect immediately after the council’s vote on April 13, in accordance with the Doctrine of the Expected Doctrine. Following that vote, the Lexington County Council did not hold another vote or public hearing on the moratorium, despite a regular council meeting on Tuesday. Council President Callum declined to comment on the lawsuit on Thursday, citing the pending lawsuit.
The lawsuit is the latest in a series of crackdowns on district buildings. Last week, the Central Carolina Realtors Association wrote to the Lexington County Council, arguing that the county was indeed homeless, and that the moratorium would only raise housing prices by excluding middle-income buyers.
County officials say the rapid growth in the Lexington area has strained the county’s resources, and the break will allow developers to weigh the impact so that so many people have access to its roads, rainwater infrastructure and public safety resources.
Under the terms of the order, the construction of subdivisions of one family house with less than 10 lots is still allowed during the 180-day freeze, but more massive housing developments. Any application for the development of more than 10 10 lots for new housing, with much less than half a hectare of subdivisions or some “attached land use operations” developments delayed.