Is Lexington County’s subdivision construction freeze illegal? Homebuilders are suing
Homebuilders are suing Lexington County in hopes of being a moratorium on building new subdivisions overturned.
The Building Industry Association of Central South Carolina filed suit this week to overturn the moratorium, which was enacted earlier this month. The group argues the process by which it was enacted was illegal.
The building industry group argues the council violated the state’s Freedom of Information Act by enacting the ordinance after a closed executive session without informing the public that action may be taken after the closed-door meeting. The council also did not comply with rules for holding a closed session, the association’s attorneys argue.
Prior to the executive session on April 13, Council Chairman Todd Cullum said the session was to “discuss the possibility of enacting an ordinance,” without getting into the legal specifics of the potential moratorium. A representative of the Building Industry Association attempted to get a copy of the proposed ordinance before the meeting, but was unable to, the suit claimed.
In Richland County, a court ruled last year that Richland County Council’s decision to pay a $1 million settlement to a former administrator was invalid because of similar violations.
Judge Jocelyn Newman ruled the 2018 meeting violated the state’s Freedom of Information Act because the council failed to specify the nature of its discussion in a closed-door session, did not notify the public it would vote on a potential settlement offer at the meeting, and indicated the council had decided to accept the settlement behind closed doors, without a public vote or discussion.
The suit against Lexington County also claims the ordinance is invalid because state law requires a public hearing before changes to zoning rules.
“The Proposed Ordinance is a zoning regulation... because its explicit purpose is to place a moratorium on certain residential developments that are otherwise allowed under the current Zoning Ordinance while Council reviews and conducts a study on refining the current zoning scheme,” the suit argues.
The freeze went into effect immediately after the council vote on April 13, under the “pending ordinance” doctrine. Lexington County Council has not held another vote or public hearing on the moratorium since that vote, despite a regular council meeting on Tuesday. Council Chairman Cullum declined to comment on the suit Thursday, citing the pending litigation.
The lawsuit is the latest critique of the county’s building freeze. The Central Carolina Realtors Association wrote to Lexington County Council last week arguing the county actually has a housing shortage and the moratorium will only drive up housing prices, crowding out middle-income buyers.
County officials have argued Lexington County’s quick growth has stressed county resources, and the pause will allow planners to weigh the impact so many new residents will have on its roads, stormwater infrastructure and public safety resources.
Under the moratorium, the building of single family homes and subdivisions of less than 10 lots is still permitted during the 180-day freeze, but more massive housing developments — any application to develop 10 or more lots for new housing, subdivisions with lots of less than half an acre, or developments with some “attached land use activities” — have been postponed.
This story was originally published April 29, 2021 at 12:04 PM.
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