Irmo pushes back against Water Walk lawsuit in court. Will the 500 houses be built?
Irmo pushed back in court Friday as an unhappy resident asked a judge to block any action on a proposed 500-home development near Lake Murray.
Judge Daniel Coble on Friday heard a challenge brought by Irmo resident Adam Raynor that asked the court to step in and stop Irmo from reconsidering the proposal to build the Water Walk development on Dreher Shoals Road, a project that has attracted public attention because of concerns about overdevelopment on the lake and increased traffic in the area.
Coble didn’t rule on the request Friday, but indicated he would issue an order before the Irmo Planning Commission meets again Sept. 9.
The possibility that the planning commission could reconsider its Aug. 12 decision denying approval for the 550-home development prompted Raynor to file the lawsuit. The planning commission recommended the development be rejected as too overly dense for the site and wanted to see fewer homes and larger lots.
Raynor contends the town would violate its own ordinance by considering a revised version of the developer’s plan after the denial. Instead, he believes Charleston-based developer Material Capital Partners must wait up to a year to resubmit plans for the 65-acre property to the town.
“They should have to restart the process,” Raynor told the judge, accusing the developer and the town of taking a “procedural shortcut” that smacked of “favoritism.”
“If I want to develop a site, how would I know if I have the same option?” he asked. “It’s not in the ordinance.”
Raynor is not an attorney but filed the suit this week on his own account and presented his arguments in court Friday.
Irmo attorney William Edwards argued that Raynor is seeking to short-circuit the town’s process by going to court, without giving the developer a chance to submit their plans. He noted the Town Council has the ultimate 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.
A statement from the town previously indicated the planning commission could consider a revised version of the development within weeks, and that the town council planned to vote on the proposal regardless at its next meeting in September.
“The developer is considering making changes to the proposal,” Irmo posted to social media. “If changes are made, the revised proposal will be reviewed by the planning commission again. If the proposal remains unchanged, it will be reviewed by the town council on Sep. 17.”
The town ordinance allows for the town council to rule separately on the developers’ request, even if they overturn the planning commission’s decision.
“They would only initiate a new action if the council denies their proposal,” he said.
Edwards argued the court blocking the town from acting on the proposal would violate the rights of the developer and the property owner, neither of whom were named in Raynor’s suit and weren’t represented in court Friday. He also disputed whether Raynor even has standing to bring a suit, since he doesn’t own property neighboring the Water Walk site.
Coble said he would consider the arguments over the weekend and issue a ruling next week, but indicated he would only act if “irreparable harm” would result from the court not issuing an injunction.
“To stop a public body from meeting gives me great pause,” Coble said.
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