HORRY COUNTY, SC (WMBF) – A lawsuit filed against Horry County by a company that was denied a mining permit they say cost the business millions of dollars has been moved to federal court.
A petition and notice of removal was filed by the county's attorney on Dec. 13 stating the lawsuit would move from the county's Court of Common Pleas to the U.S. District Court in Florence.
"This is a civil action which contains causes of action alleging violations of the U.S. Constitution," the notice states.
According to WMBF News partner My Horry News, Red Bluff Trade Center LLC, which owns the nearly 54-acre tract in question, and its mining outfit, Red Bluff Rock LLC, appealed the Horry County Council's decision on Nov. 16, court records stated.
In October, county council unanimously voted against a resolution that would have allowed mining in the Red Bluff community. Although the mining company had withdrawn its request, council members said they wanted to vote on the measure as a gesture to area residents and some environmentalists who opposed the project, according to My Horry News.
Court documents indicated the company had pulled its request to give the firm more time to respond to the public's concerns about the mine. The company maintains it did not know the council would vote on the resolution that night.