Judge: Temporary injunction to stop development in Horry County not properly filed

Judge: Temporary injunction to stop development in Horry County not properly filed

CONWAY, S.C. (WMBF) - A Horry County judge did not rule Monday on a temporary injunction filed by a Longs resident that asked the county to temporarily stop developing homes due to flooding concerns.

A hearing was held at the Horry County Government and Justice Center Monday morning for the temporary injunction, but Judge Steven John said the injunction was not properly filed, so he couldn’t rule on it.

John said the reason he couldn’t rule on the injunction was because the summons and complaint was not served to the defendant, which is the Horry County Council. He told the plaintiff, Timothy Irving of Longs, that he needed to do that.

Irving told the judge he thought the court would take care of that after he filed the injunction, but John said that’s not the case. He told Irving state law requires the plaintiff to serve the complaint to the defendant.

John added it was obvious Horry County Council was aware of the injunction since county attorney Arrigo Carotti and members of Horry County Council were present for the hearing Monday, but the judge said it didn’t matter whether they were there since they were not served the complaint.

Irving said after the hearing he plans on filing a different temporary injunction. He added that he’d recently learned the county hired a firm to conduct a flood resiliency and mitigation study to develop a flood mitigation plan.

According to Irving, the new temporary injunction will be modified based on this new knowledge.

“We’re going to retract the original motion and put in a new motion for temporary relief until that resiliency plan is reviewed and adopted by council,” Irving said.

He did not have a timetable for when he might file the new temporary injunction.

The county is holding three public workshops next week regarding the flood resiliency study. Click here for a list of dates, times and locations for those workshops.

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